4^' 



IT^TE OF ^V^SHIlSrOTON 

459 




39 ^m T^j^^ws 

RELATING TO 



FISH, OYSTERS andGAME 



1909 



COMPILED BY 

JNO. L. RISELAND 

nSH COMMISSIONER AND GAME WARDEN 



INIDEXKD 



Oltmpia, Wash. ; 

E. L. BOARDMAN, Public Printkb. 

1909. 



ST^TB OF AV^SHINGTON 



L^^v\^S 



RELATING TO 



FISH,OYSTERS^GAME 



1909 



COMPILED BY 

JNO. L. TUSELAND 

FISH COMMISSIONER AND GAME WARDEN 



INDEXED 



Olympia, Wash.; 

E. L. BoARDMAN. Public Printer. 

1909. 






D. OF D. 

IAN 10 1910, 



PISH COMMISSIONER AND GAME WARDEN. 



1. Appointment and Term of Fish Commissioner. 

There shall be appointed by the Governor, by and with 
the advice and consent of the Senate, one competent person 
who shall be denominated as Fish Commissioner, whose 
term of office shall continue four years from and after the 
first Monday in March after his appointment, and until his 
successor be appointed and qualified. (Laws 1890; 1 Bal. 
C, §3323; P. C, §5228). 

2. Commissioner Sliail Give Bond. 

Before entering upon his duties said Fish Commissioner 
shall file ■svith the Secretary of State a bond, with five or 
more sufficient securities, and in the sum of five thousand 
dollars, conditioned that he will discharge his duties under 
this article faithfully. (Laws 1890; 1 Bal. C, §3324; P. C, 
§5229). 

3 Appointment of Deputies — Term of Office. 

Said commissioner may appoint three deputies, to be 
known as deputy fish commissioners; they shall hold their 
offices, respectively, during the pleasure of the Fish Com- 
missioner, who may summarily remove any one of their 
number whenever, in his judgment, he shall deem such a 
change for any cause advisable. (Laws 1890; 1 Bal. C, 
§3325; P. C, §5230). 

4- Commissioner and Deputies, Compensation of. 

That section six (6) of an act entitled "An act for the 
appointment of a fish commission, and defining its duties, 



4 State of Washington 

and declaring an emergency to exist," be and the same is 
hereby amended to read as follows: 

, The Fish Commissioner shall receive an annual salary 
of two thousand four hundred dollars to be paid in monthly 
installments by the state treasurer, and he shall be allowed 
his actual expenses of travel in the performance of his 
duties not to exceed one thousand dollars in any one year. 
The deputies shall receive a salary of fifteen hundred 
dollars each per year to be paid in monthly installments 
by the state treasurer, and they shall be allowed their 
actual expenses of travel in the performance of their duties, 
not to exceed six hundred dollars per annum each. The 
general superintendent of hatcheries shall receive a salary 
of eighteen hundred dollars per annum to be paid in 
monthly installments, and he shall be allowed his actual 
expenses of travel in the performance of his duties not to 
exceed nine hundred dollars per annum. (Chapter 87, Laws 
1907). 

5. Instruction to Deputies — Bonds. 

Each deputy fish commissioner shall give bonds in the 
sum of two thousand dollars, conditioned on the faithful 
performance of their duties, respectively, such bonds to be 
subject to the approval of the Fish Commissioner. The 
Fish Commissioner shall issue to his deputies such gen- 
eral and special orders and instructions in the execution 
of their duties under the law as he shall deem necessary; 
and he shall assign one deputy to duty in the lower Puget 
Sound district, and one in the Columbia River district; 
the third deputy being assigned to office duty and shall 
be considered the oflfice deputy; but the above assignment 
shall not relieve any deputy from the performance of duty 
in any other part of the state when his services may be 
needed. (Law 1901, p. 271, §2; P. C. §5239). 

6. Attorney General — May Assist Commissioner. 

The Fish Commissioner shall have authority to apply to 
the Attorney General for his official opinion upon any ques- 



Fish, Oyster and Game Laws 5 

tion touching the construction and interpretation of the 
statutes, and the duties of the Fish Commissioner under 
the statutes for the protection of fish and oysters, wherein 
he shall need legal advice; and tlie Attorney General may, 
in his discretion, furnish from his office such official legal 
assistance as he may deem useful in the conduct of any 
suit brought by the Fish Commissioner, in pursuance of 
the provisions of the laws for the protection of fish and 
oysters. (Laws 1890; 1 Bal. C, §3333; P. C, §5240). 

7. Expenses. 

All expenses incurred under the provisions of this arti- 
cle shall be audited by the State Auditor, upon bills being 
presented, properly certified by the Fish Commissioner, 
and the said auditor shall, from time to time, draw war- 
rants upon the State Treasurer for the amount. (Laws 

1890; 1 Bal. C, §3336; P. C, §5241). 

t 

8. Duty of Fish Commissioner. 

It shall be the duty of the Fish Commissioner to give his 
entire time and attention to the fishing interests of the 
State of Washington, and by and with the help of his depu- 
ties, see that all laws for the propagation, protection and 
preservation of food fishes and oysters in the public waters 
of the State of Washington, whether entirely or partially 
within the state boundaries, are enforced and, if necessary, 
to select and purchase suitable land, build, operate and 
manage thereon fish hatcheries for the purpose of supply- 
ing said waters with young fish; to employ necessary and 
competent men to successfully carry on said hatcheries. 
It shall also be the duty of the Fish Commissioner to ex- 
amine into all complaints made to him by councilmen of 
cities or county commissioners, regarding dogfish or de- 
cayed fish, which are injurious to the fishing industries or 
dangerous to the health of the inhabitants, and, if neces- 
sary, abate said nuisance. (Laws 1890; 1 Bal. C, § 3326; 
P. C, §5236). 



6 State of Washington 

9. Commissioner Shall Report. 

That said Fish Commissioner shall annually on March 
21st report to the governor of this state a full account of 
his actions under this act; also of the operations and re- 
sults of the laws pertaining to the fish and oyster indus- 
tries, the methods of taking fish, the number of young fish 
hatched, and where distributed, amount of expenses in- 
curred, and make suggestions as to needs of future legis- 
lation, if any, and full statistics of the fishing and oyster 
business. (Chapter 189, Laws 1907). 

10. Inspection of Canneries. 

The Fish Commissioner of the State of Washington and 
his deputies are hereby authorized to inspect all canneries, 
boats, nets, wheels, traps and other appliances, and all 
property used in the catching and packing of fish, or in 
the fish industry, for the purpose of enforcing the fish laws 
of the State of Washington, and to that end said commis- 
sioner and his deputies are authorized to enter on said 
property and make inspection thereof. (Laws 1893; 1 Bal. 
C, §3327; P. C, §5235). 

11. Arrests. 

The Fish Commissioner and his deputies shall have au- 
thority to arrest without writ, rule, order or process any 
person in the act of committing a crime in violation of the 
fish laws of this state, and they are hereby made peace 
officers of this state for that purpose. (Laws 1893; 1 Bal. 
C, § 3328; P. C, §5233). 

12. Punishment for Resisting an Officer. 

If any person knowingly or wilfully resists or opposes 
such officer in the discharge of his said duties, he shall be 
punished by imprisonment in the county jail not exceeding 
one year, or by fine not exceeding one thousand dollars nor 
less than fifty dollars, or by both fine and imprisonment, 
at the discretion of the court. (Laws 1893; 1 Bal. C, 
§3329; P. C, §5234). 



Fishy Oyster and Game Laws 7 

13. May Appoint Special Deputy. 

The Fish Commissioner is hereby authorized to appoint 
a special deputy in each county of this state, who shall be 
a resident of the county for which he shall be appointed, 
such special deputy to see that the fish laws of the state 
are observed within the county for which he shall be ap- 
pointed. (Laws 1893; 1 Bal. C, §3334; P. C, §5231). 

14. Compensation of Special Deputy. 

Such special deputy shall receive as his compensation 
one-half of all fines recovered upon prosecution procured 
by him for violation of the fish laws of this state, and shall 
receive no other compensation. (Laws 1893; 1 Bal. C, 
§3335; P. C, §5232). 

15. Member Board of Fish Commissioners. 

The Governor, State Treasurer and Fish Commissioner 
are hereby created a board of fish commissioners ex-officio. 
(Laws 1895; 1 Bal. C, §3337; P. C, §5247). 

16. Hatcheries to Be in Control of Commissioners. 

The State Fish Commissioners shall have charge and 
control of the state fish hatchery or hatcheries, and the 
management of the same, under the supervision of the fish 
commission, and shall have power to employ such assist- 
ance and purchase such supplies as may be necessary to 
maintain and operate such state fish hatchery or hatch- 
eries. (Laws 1895; 1 Bal. C, § 3341; P. C, § 5250). 

17. Commissioners Shall Be Allowed Actual Traveling 

Expenses. 

Said board of commissioners shall receive no compen- 
sation for their services as such board, but shall be allowed 
necessary actual traveling expenses. All accounts for ex- 
penditures incurred or made pursuant to the provisions of 
this article shall be audited and approved by said commis- 
sion before presentation to the State Auditor: Provided, 



8 State of Washington 

That no traveling expenses be allowed unless vouchers 
show that railroad and other expenses were actually paid. 
(Laws 1895; 1 Bal. C, §3342; P. C, §5251). 

18. State Game Warden. 

There is hereby created the oflace of State Game 
Warden, and the State Fish Commissioner shall be ex- 
offlcio such officer. (Laws 1899, p. 276, §1). 

19. Duties and Powers. 

The State Game Warden shall have full control of and 
supervision over all county game wardens appointed in 
pursuance to any statute now existing on the statute books 
of this state, and may have the power to appoint said 
county game wardens special deputy fish commissioners 
for the county in which said county game wardens may 
reside, and shall have general supervision over the enforce- 
ment and execution of all laws of this state for the pro- 
tection of game animals, game birds, song birds, and game 
fish, and shall have all the authority and powers as a peace 
officer conferred on county game wardens by any iaw of 
this state. (Laws 1899, p. 276, §2). 

20. Chief Deputy State Game Warden. 

The State Game Warden shall appoint one chief deputy 
state game warden, who shall hold his office during the 
pleasure of the State Game Warden, and shall receive a 
salary of fifteen hundred dollars ($1,500) per year, to be 
paid in monthly installments, by the State Treasurer on 
warrant drawn by the State Auditor, and shall be allowed 
his actual expenses of travel in the performance of his 
duty, not to exceed the sum of seven hundred fifty dollars 
($750) in any one year; and no payment of salary or travel- 
ing expenses shall be made by the State Auditor to said 
deputy state game warden, except upon certificate of the 
State Game Warden, that the vouchers of the deputy state 
game warden are correct, that the services have been faith- 



Fish, Oyster and Game Laws 9 

fully rendered and the money for traveling expenses actu- 
ally expended. The duties of the chief deputy game warden 
shall be to enforce all the provisions of law in reference 
to the protection of game and to prosecute all violations 
of law in reference thereto, to direct and supervise all acts 
of county and special deputy game wardens, and to use 
all lawful ways and means to protect game and to encour- 
age and secure the propagation thereof. (Laws 1905). 

21. County Game Wardens — Appointment of. 

The county commissioners of the respective counties 
in the State of Washington are hereby empowered and 
authorized to and shall, upon application in writing of one 
hundred resident freeholders and taxpaj^ers of said county, 
appoint a suitable person, who shall be a resident and 
qualified elector of said county, as game warden of such 
county, who shall be vested with all the authority of a 
sheriff to perform the duties prescribed by the laws of 
the State of Washington for the protection of game animals, 
game birds, song birds and game fish. Such game warden, 
so appointed, shall receive a salary of not less than twenty- 
five dollars ($25) nor more than one hundred dollars ($100) 
per month to be paid monthly out of the game protection 
fund of such county. (Laws 1905). 

22. County Game Wardens — Powers of. 

All county game wardens shall be ex-ofiicio deputy state 
game wardens, and shall have the same powers in the en- 
forcement of the game laws of the state as the chief deputy 
state game warden and shall be under the direction and 
supervision of the chief deputy state game warden. County 
game wardens shall have power to appoint special game 
wardens for his county; such special game warden shall 
receive no salary but shall have same authority as other 
game wardens; county game wardens before entering upon 
their duties shall take and file with the county auditor of 
his county the oath of ofiice as prescribed for other county 



10 State of Washington 

officers, and shall be held responsible for neglect, or non- 
performance of his duties, and the county commissioners 
of any county may remove the county game warden at any 
time for neglect or non-performance of duty. (Laws 1905). 

23. Reports of State Game Warden. 

The said State Game Warden, in connection with his 
report as said Fish Commissioner, shall annually, on De- 
cember 1st, report to the Governor of this state a full ac- 
count of his actions as State Game Warden; also the opera- 
tion and result of all laws pertaining to the protection of 
game animals, game birds and game fish. (Laws 1889, 
p. 276, §3). 

24. Expenses of County Game Wardens. 

The expenses of the county game wardens may be paid 
in the discretion of the State Game Warden and Fish Com- 
missioner for all services performed by them as deputy 
fish commissioners upon the request or direction of said 
State Game Warden and said State Fish Commissioner, and 
said expenses, when so audited and allowed, are made pay- 
able out of the Fish Commissioner's traveling and inci- 
dental expense fund. (Laws 1899, p. 276, §4). 

25. Salmon Packages, How Marked — Penalty. 

All salmon caught, and cured by salting, for sale within 
the said waters of Puget Sound or any tributary thereof, 
shall be put up in packages marked with the name of 
"Puget Sound Salmon" in plain letters, at least two inches 
long; also the place at which they are so cured and packed, 
and the name or names of the parties so curing them and 
offering them for sale. A violation of this section shall 
subject the offender to a fine of not less than ten nor more 
than one hundred dollars for each and every offense, to be 
recoverable in court having jurisdiction of misdemeanors. 
(1 Bal. C, §3344; P. C, §1821). 



Fish, Oyster and Game Laws 11 

26. Cans Containing Salmon — Labeled. 

All salmon caught within the waters hereinbefore 
named, and prepared for sale and export, by being her- 
metically sealed in cans made of tin or other metal, shall 
be labeled with labels bearing the words, "Puget Sound 
Salmon," together with the name of the person engaged in 
the business of such preparation for export and sale by 
hermetically sealing in cans as aforesaid, together with the 
name of their place of business. The cans shall likewise 
be packed in cases, in the manner prescribed in the next 
succeeding section for packing salmon in barrels. A failure 
to comply with the provisions of this section shall be 
deemed a misdemeanor, and subject the offender to a fine 
of not less than ten dollars nor more than one hundred 
dollars for each and every offense, recoverable in any court 
of competent jurisdiction. (1 Bal. C, § 3345; P. C, § 1822). 

27. Marking of Fish Packages. 

All barrels, packages, or cans containing fish caught 
within the state, and packed, barreled, or canned therein, 
shall be marked by label or otherwise, in plain letters, with 
the name of the place where said salmon were caught, and 
also the name of the state in full, and the name of the 
party or parties putting up the same; and for each pack- 
age, barrel, part of a barrel or can not so marked, the per- 
son or persons whose duty it is to so mark the same shall 
be subject to a penalty of not less than ten dollars, to be 
recovered by action brought by any person first informing 
in a court having jurisdiction; and one-half of the sum re- 
covered shall go into the coijimon school fund of the county 
where the offense was committed and the other half to the 
informer. (1 Bal. C, § 3346; P. C, § 1824). 

28. Fish From Other States to Be Marked. 

It shall be deemed a misdemeanor to sell, or offer for 
sale within the State of Washington, any cases or packages 
of fish packed in other states that are not plainly marked 



12 State of Washington 

or branded on their exterior, explanatory of the exact na- 
ture or finished condition of the preparation contained, 
thereby preventing misrepresentations and sale of inferior 
or imitative brands of fish for the genuine article packed 
or prepared within the state. (1 Bal. C, §7177; P. C, 
§1825). 

29. Penalty. 

Each violation of the above section shall be punishable 
by a fine not to exceed ninety-nine dollars, nor less than 
twenty-five dollars. (Bal. C, §7177; P. C, §1826). 



Fish, Oyster and Game Laws 13 

REGULATIONS FOR THE CATCHING OF SALMON 
AND OTHER POOD PISHES. 



30. Rivers and Deception Pass — Certain Apparatus Pro- 
hibited. 

That section 1 of an act entitled, An act providing for 
the protection and propagation of the food fishes in the 
waters of the State of Washington, regulating the catch- 
ing and sale thereof, establishing licenses, fixing penalties, 
repealing conflicting laws and declaring an emergency. 
Session Laws 1899, chapter 117, be and the same is 
amended so as to read as follows: Section 1. Hereafter 
it shall be unlawful to construct, own, operate and main- 
tain wtihin any of the rivers of this state flowing into 
Puget Sound and within said bodies of water within a 
distance of three miles from the mouth of any such river, 
and also within that arm of Puget Sound and body of 
water known as Deception Pass, or within one-half mile 
of the west entrance thereof and in any of the other salt 
waters of this state at a greater depth than sixty-five feet 
at low tide, any pound net, trap, weir, fish wheel, or other 
fixed appliance, set lines excepted, for the purpose of catch- 
ing salmon or other food fishes, and for the purpose of en- 
forcing the provisions of this section, the Fish Commis- 
sioner shall indicate the mouths of said rivers by driving 
piles therein. It shall also be unlawful hereafter to use 
any purse net, purse seine, or other like seine within two 
miles, and drag seines within one mile from the mouth of 
any of said rivers or within said rivers. It shall be un- 
lawful to use any purse seine or purse net longer than five 
hundred feet, the meshes of which are less than two and 
one- half (2^^) inches stretch measure: Provided, That 
nothing in this act or any other act shall prevent any 
person residing in this state from taking salmon or other 



14 State of Washington 

fish by any means at any time for consumption by himself 
and family: Provided, That there shall be a closed season 
for the catching of salmon in the Skagit river from July 
15th to September 15th hereafter: Provided, That this 
provision shall not apply to persons fishing with nets the 
meshes of which is not less than eight and one-half inches, 
stretch measure: Provided further, That there shall be 
no commercial fishing hereafter in the Snohomish river 
above the Snohomish wagon bridge, or about tide water 
in the Duwamish river. 

That section 2 of an act entitled, An act relating to 
the taking of food fishes, providing penalties for a viola- 
tion thereof, amending section 2 of chapter 117, Session 
Laws 1899, also amending section 3 of chaptor 170, Ses- 
sion Laws 1905, and repealing section 4, chapter 170, Ses- 
sion Laws 1905, and declaring an emergency. Session Laws 
1907, be and the same is hereby amended to read as fol- 
lows: Section 2. It shall be unlawful to take or fish for 
salmon, except with hook or line, in any of the tributaries 
of Puget Sound, except as provided in section 1 of this act; 
and it shall further be unlawful to take or fish for salmon 
with pound nets, fish traps, weirs, or fish wheels, or other 
fixed appliances, or with purse seine, purse nets, or other 
like seins or nets, in any of the open waters of Puget 
Sound, between the hours of four o'clock P. M., Friday, 
and four o'clock A. M., Sunday of each week of each year; 
and it shall further be unlawful to take or fish for salmon 
with gill nets in that arm of the sound known as Swino- 
mish slough, or in any of the other sloughs, or in any of 
the waters of Puget Sound, or tributaries thereof, between 
the hours of six o'clock A. M., Saturday, and six o'clock 
P. M. of Sunday of each week in each year, and it shall be 
unlawful to fish for sockeye salmon in the waters of Puget 
Sound between August 25th and September 15th of each 
year, and any salmon of that species taken between the last 
named dates in the waters of Puget Sound shall be liber- 



Fish, Oyster and Game Laws 15 

ated. That between four o'clock P. M., Friday, and four 
o'clock A. M. Sunday, of each week of each year, as above 
provided, all pound nets or fish traps operated within the 
waters of Puget Sound shall be closed by an apron placed 
across the entrance to the heart of the trap or pound net, 
which apron shall extend from above the surface of the 
water to the bottom of the sound at the place where the 
trap is maintained and be connected securely to the piles 
on either side of the entrance to the heart of such trap or 
pound net, fastened by rings not more than four feet 
apart on a taut wire stretched from top to bottom of piles 
so as to effectually prevent any salmon from entering the 
heart of such trap or pound net. Any person violating any 
of the provisions of this section, whether or not such a 
violation is otherwise specifically declared to be a misde- 
meanor, either by neglecting to observe the requirements 
of this section, or by violating any of the requirements 
thereof shall be deemed guilty of a misdemeanor, and shall 
upon conviction thereof in each and every offense be sub- 
ject to a fine of not less than two hundred and fifty dollars 
($250) nor more than one thousand dollars ($1,000), or by 
imprisonment in the county jail not less than twenty-five 
days nor more than one year, or by both such fine and 
imprisonment. 

If the locator or owner of a fishing location for pound 
nets or fish traps in the waters of Puget Sound fails to 
construct his fishing appliances thereon at least one time 
during a period of four years, his location shall be deemed 
abandoned, even though he shall during said period comply 
with the requirements of the laws of the State of "Wash- 
ington pertaining to fishing locations in other respects. 
Any statute of the State of Washington inconsistent with 
the provisions of this section is hereby repealed. 

An emergency exists and this act shall take effect 
April 1, 1909. (Laws 1909, chap. 77). 



16 State of Washington 

31. When It Shall Be Unlawful to Fish for Salmon in 
Gray's Harbor and Tributary Waters. 

That section 3 of chapter 247 of the Session Laws of 
1907, be amended to read as follows: Section 3. It shall 
be unlawful to take or fish for salmon in the waters of 
Gray's Harbor or its tributaries from the 15th day of 
March to the 15th day of April, and from the 25th day of 
November to the 25th day of December in each year. And 
also it shall hereafter be unlawful to take or fish for sal- 
mon in any of the following named tributaries of Gray's 
Harbor from the 15th day of August to the 15th day of 
November in each year above the points hereinafter de- 
scribed, to-wit: It shall be unlawful to take or fish for 
salmon in the Chehalis river above a point one-half mile 
below the mouth of the Wynooche river; it shall be un- 
lawful to take or fish for salmon above a point one-half 
mile above the mouth of the Humptulip's river; it shall be 
unlawful to take or fish for salmon above a point one-half 
mile above the mouth of the Elk river; it shall be unlawful 
to take or fish for salmon above a point one-half mile above 
the mouth of the Johns river. The Fish Commissioner is 
hereby empowered to indicate the points above which fish- 
ing may not be done as provided hereinbefore, by driving 
piles at the points in said streams above designated, which 
shall mark the points above which said fishing shall not 
be done. It shall be unlawful to take or fish for salmon 
in the waters of Willapa Harbor or its tributaries from 
the 15th day of March to the 15th day of April, and from 
the 25th day of November to the 25th day of December in 
each year. And, also, it shall be unlawful to take or fish 
for salmon in any of the following tributaries of Willapa 
Harbor above tide-water in said rivers: North river, 
Willapa river, and Nasel river. Nothing in this act shall 
be construed to prevent fishing with hook and line, com- 
monly termed angling, in any of the above rivers. It shall 
be unlawful to take or fish for salmon or sturgeon in the 



Fish, Oyster and Game Laws 17 

Columbia river or its tributaries or in any of the waters or 
sloughs thereof west of the north and south line between 
sections 14 and 15 in township 15, east of the Willamette 
meridian, or within three miles outside of the mouth of the 
said Columbia river, by any means whatever in any year 
between twelve o'clock meridian on the 1st day of March, 
and twelve o'clock meridian on the 1st day of May, and be- 
tween 12 o'clock meridian on the 25th day of August and 
twelve o'clock meridian on the 10th day of September, and 
between six o'clock P. M. on Saturday of each week and 
six o'clock P. M. on the Sunday following, from the 1st day 
of May to the 25th day of August, both inclusive, of any 
year. And it shall be unlawful to take or fish for salmon 
in the Columbia river or any of its tributaries easterly of 
the north and south line between sections 14 and 15 in 
township 15, east of the Willamette meridian, by any means 
whatever in any year between twelve o'clock meridian on 
the 15th day of March and twelve o'clock meridian on the 
1st day of June or between twelve o'clock meridian on the 
25th day of August and twelve o'clock meridian on the 10th 
day of September, except the Snake river. And it shall be 
unlawful to take or fish for salmon in the Snake river, or 
any of its tributaries, by any means whatever, in any year 
between twelve o'clock meridian on the 1st day of March 
and twelve o'clock meridian on the 1st day of June, or be- 
tween twelve o'clock meridian on the 1st day of August and 
twelve o'clock meridian on the 15th day of September. 
And it shall be unlawful to take or fish for salmon by any 
means whatever, except with hook and line, commonly 
termed angling, in the Kalama river, Lewis river. Wind 
river. Little White Salmon river, Wenatchee river, Methow 
river. Little Spokane river, and Colville river, and in the 
mouths thereof, and in the Columbia river within one mile 
below the mouth of the above named rivers: Provided, No 
traps shall be located on or within three miles below the 
mouth of the Lewis river. It shall be unlawful at any time 
— 2 



18 State of Washington 

to take any fish with a net, trap or other device than hook 
and line in Chambers creek in the county of Pierce, or 
within two hundred and fifty yards of the mouth of said 
creek, and the mouth of said creek shall be construed to 
mean the junction where the fresh and salt waters meet at 
low tide. Any person violating any of the provisions of 
this section shall be guilty of a misdemeanor, and upon 
conviction thereof for each and every offense be subject to 
a fine of not less than fifty dollars nor more than one 
thousand dollars, or may be imprisoned in the county jail 
not less than ten days nor more than one year, or may be 
both fined and imprisoned. (Laws 1909, chapter 23; emer- 
gency clause). 

32. Set Nets to Be Used on Puget Sound, Etc. 

It shall be unlawful for any person, firm or corporation 
on Puget Sound or its tributaries to fish for salmon by 
means of set nets of greater length than three hundred 
feet and no set net shall be permitted to be constructed 
in the form of a pound net or with pots or hearts connected 
therewith or in any other means than by stakes driven in 
substantially a straight line. Any person violating any of 
the provisions of sections 3, 4, and 5 of this act shall be 
deemed guilty of a misdemeanor and shall, upon conviction 
thereof, be subject for each and every offense, to a fine 
of not less than ten dollars ($10.00) nor more than one 
hundred dollars ($100.00) or by imprisonment in the county 
jail not less than five days nor more than thirty days. 
(Chapter 247, Laws 1907; emergency clause). 

33. License Fees for Buying, Packing. — Monthly State- 

ment. — Retail Dealers, Etc. 
That section 3 of chapter 170, Session Laws of 1905 be 
amended to read as follows: Sec. 3. Every person, firm 
or corporation, either as principal, agent or employe en- 
gaged in the business of buying or selling, and preserving 
or otherwise dealing in salmon other than canneries there- 



Fish, Oyster and Game Laics 19 

of, shall pa3' as a license the sum of ninety cents per ton 
net weight of said fish bought and sold, preserved or other- 
wise dealt in: Provided, No person engaged in the busi- 
ness aforesaid shall pay less than two dollars and fifty 
cents per annum. It shall be the duty of each person, 
firm or corporation affected by the provisions of this sec- 
tion to render to the Fish Commissioner of the State of 
Washington on or before the tenth day of each month, on 
blanks to be furnished by the Fish Commissioner, a de- 
tailed statement showing net amount of fresh fish bought 
and sold, preserved or otherwise dealt in during the pre- 
ceding month, and each person shall pay to the said com- 
missioner the amount due under the provisions therefor, 
on or before the tenth of each month, and a failure or 
neglect to do so shall constitute a misdemeanor and upon 
conviction thereof the offender may be punished as here- 
inafter provided: Provided, however. That every person, 
firm or corporation, either as principal, agent or employee 
(except retail dealers purchasing for their own trade) en- 
gaged in buying, selling, preserving or otherwise dealing 
in salmon other than canners thereof taken in the waters 
of Grays Harbor or its tributaries in the State of Wash- 
ington, shall before engaging in such business procure 
from the Fish Commissioner a license to buy, sell', pre- 
serve or otherwise deal in at least one hundred tons of 
salmon taken from such waters and pay therefor to said 
Fish Commissioner the sum of ninety dollars, which said 
license shall entitle such person, firm or corporation to 
buy, sell, handle, preserve or otherwise deal in one hun- 
dred tons of salmon taken from said waters during the 
season for which such license is granted. Should such 
person, firm or corporation during the year for which such 
license is issued exceed one hundred tons of salmon in 
his, their or its purchase, sale, preserving or dealing, such 
person, firm or corporation shall immediately upon the 
completion of the purchase, sale or preserving of one hun- 



20 State of Washington 

dred tons of salmon, thereafter be governed by and comply 
with and make payments upon all salmon purchased, sold, 
preserved, or otherwise dealt in, in excess of one hundred 
tons during the said year with the provisions of this sec- 
tion contained and declared before this proviso and a 
failure or neglect upon the part of any person, firm or 
corporation to comply with the requirements of this sec- 
tion or the requirements of this proviso shall constitute a 
misdemeanor and upon conviction thereof the offender 
shall be punished as in this act hereby amended provided. 
(Chapter 247, Laws 1907; emergency clause). 

34. License Fees for Fishing Appliances — IVIonthly State- 
ments — Sworn Statements. 

All licenses provided in sections two and three of this 
act shall be issued as follows: Upon application therefor 
by any person, a license shall be issued by the Fish Com- 
missioner for fixed and other appliances for catching sal- 
mon or other food fishes as herein provided, which shall 
entitle the holder to operate said appliances in the waters 
of this state, wherein such appliances are not prohibited 
by law. The following fees for such licenses shall be col- 
lected by the Fish Commissioner and turned over to the 
State Treasurer on or before the tenth of each month, and 
by him turned into the fish hatchery fund, to-wit: 
For each drag seine not exceeding 250 feet in length. $2.50 
For each drag seine more than 250 feet in length and 

not more than 400 feet in length 7.50 

For each drag seine more than 400 feet in length and 

not exceeding 500 feet 15.00 

For each additional foot in length, the further sum of .03 
For each first class pound net, trap or weir, on the 

Columbia river 25.00 

For each second class pound net, trap or weir or the 

Columbia river 10.00 

For each first class purse seine 50.00 



Fish, Oyster and Game Laws 21 

For each second class purse seine 25.00 

For each gill net or drift net 5.00 

For each set net 2.50 

For each pound net, trap or weir on Willapa harbor 

and Grays harbor 10.00 

For each pound net, trap or weir (except on the 

Columbia river, Willapa harbor or Grays harbor) 50.00 
For each scow fish wheel 15.00 

Stationary fish wheels shall pay twenty-five dollars for 
first class wheels, and ten dollars for second class wheels, 
all classification of wheels, pound nets and purse seines 
to be determined by the Fish Commissioner: Provided, 
Where any trap or pound net is so constructed as to take 
fish at each end of its main (lead), it shall obtain and pay 
for a license especially permitting the taking of fish at 
both ends, for which it shall pay a license fee double the 
amount of a pound net or a trap taking fish at one end 
only. In addition to the foregoing license charges there 
shall also be paid by the owner of each trap, pound net 
or fish wheel operated in the waters of the state, the sum 
of one dollar for each one thousand fish taken by such 
trap, pound net or fish wheel. It shall be the duty of 
every person owning or operating any trap, pound net or 
fish wheel to furnish to the Fish Commissioner on or be- 
fore the tenth day of each month a sworn statement giving 
the number and location of such trap or pound net and a 
detailed statement of the actual number of fish caught at 
such trap or pound net, and in addition to answer such 
questions as the Fish Commissioner shall propound with 
reference thereto, which statement shall be filed with and 
retained by the Fish Commissioner. Any person, firm or 
corporation using scows and boats or other craft in the 
buying of fish on the Columbia river, are hereby required 
to obtain from the Fish Commissioner of the State of 
Washington, before engaging in said trade or occupation, 
a license for such scow, boat or other craft: Provided, 



22 State of Washington 

That this shall not apply to scows, boats and other craft 
regularly used in buying fish for, and transporting fish to 
canneries and packing plants which pay an annual license 
fee to the State of Washington of at least one hundred dol- 
lars each. Each person, firm or corporation obtaining such 
license shall pay to the Fish Commissioner of the State 
of Washington at the time said license is issued, the sum 
of fifty dollars ($50.00). All licenses issued under the pro- 
visions of this act shall expire on the thirty-first day of 
March following the issuance of such license, and shall be 
renewed upon application and upon payment of the license 
fees as provided by this act: Provided, That licenses now 
Issued shall be valid until their expiration, and all like- 
wise be renewed to expire on March thirty-first following 
the issuance of such license. (Chapter 247, Laws 1907, 
emergency clause). 

35. Fines. 

One-half of all fines collected under the provisions of 
this act or the acts of which this is amendatory shall be 
paid to the informer, if there be one, one-quarter to the 
county collecting the same, and the remainder shall be put 
into the fish hatchery fund in the state general fund. And 
it shall be the duty of the prosecuting attorney, or justice 
of the peace to cause to be endorsed upon the back of the 
indictment or complaint the name of any person who shall 
voluntarily make complaint for violation of any of the pro- 
visions of this act. (Chapter 247, Laws 1907, emergency 
clause). 

36. License Number and Lights Displayed — Seines and 

Nets Branded — Boats Numbered. 
Any person owning, operating or using any pound net, 
trap, weir, fish wheel or other fixed appliance for taking 
salmon, shall cause to be placed in a conspicuous place on 
said pound net, trap, weir, fish wheel or other fixed appli- 
ance, the number designated by the Fish Commissioner 



Fish, Oyster and Game Laws 23 

at the time of issuing the license for the operation thereof; 
said number to consist of black figures, not less than six 
inches in length, painted on white ground; any person 
owning or operating or using any seine, purse net, gill net 
or set net for the purpose of taking salmon, shall cause 
to be branded the corks of each end of the seine, purse 
net, gill net or set net, and upon the cork nearest the 
center thereof, the number designated by the Fish Com- 
missioner at the time of issuing the license for the opera- 
tion of said seine or net; said number to consist of figures 
not less than one-half inch in length, and shall also cause 
to be placed upon each side of the bow of the boat used 
to operate such seine or net such license number, preceded 
by a capital "W," the same to consist of black figures not 
less than six inches in length painted on white ground. 
All pound nets or traps shall conspicuously show at night 
time, between sunset and sunrise, a bright white light. 
(Laws 1899, p. 196, §3; P. C, §5275). 

37. Nets, How Constructed, Etc. 

No lead of any pound net, trap, fish wheel or other fixed 
appliance used or operated in the waters of the Columbia 
river or its tributaries, Willapa Harbor or Grays Harbor 
in this state for catching salmon shall exceed eight hun- 
dred feet in length, and in the waters of Puget Sound two 
thousand five hundred feet in length. There shall be an 
end passage way of at least thirty feet, and a lateral pas- 
sage way of at least nine hundred feet, between all pound 
nets, traps, weirs, fish wheels or other fixed appliances 
hereafter constructed and placed within the waters of the 
Columbia river and its tributaries, Willapa Harbor and 
Grays Harbor within this state, and there shall be an end 
passage way of at least six hundred feet and a lateral 
passage way of at least twenty-four hundred feet, between 
all pound nets, traps, weirs or other fixed appliances here- 
after constructed and placed within the waters of Puget 
Sound in this state. For the purpose of determining end 



24 State of Washington 

passage ways, base lines shall be drawn at right angles 
with the general course of locations first originally estab- 
lished and intersecting the ends thereof, and the end pas- 
sage ways shall be measured at right angles from such 
base lines: Provided, This amendment of section four 
shall not effect any locations lawfully existing under previ- 
ous statutes when this act takes effect; and any or all 
such fishing appliances may be maintained upon such ex- 
isting locations as though this act had not been passed, or 
they may be changed to conform to the provisions hereof 
as to end passages at the option of the location owners 
and holders thereof. (Laws 1905, approved March 9, 
emergency clause). 

38. License Fees for Canneries. 

Every person, firm or corporation engaged in canning 
salmon shall procure a license before commencing the 
season's packing, as follows: 
For each cannery packing less than ten thousand 

cases per annum $100.00 

For each cannery packing from ten thousand cases 

to fifteen thousand cases per annum 1.50.00 

For fach cannery packing from fifteen thousand 

to twenty thousand cases per annum 200.00 

For each cannery packing from twenty thousand 

to twenty-five thousand cases per annum 250.00 

For each cannery packing from twenty-five thou- 
sand to thirty thousand cases per annum 300.00 

For each cannery packing from thirty thousand to 

forty thousand cases per annum 400.00 

For each cannery packing from forty thousand to 

fifty thousand cases per annum 500.00 

For €a.ch cannery packing from fifty thousand to 

sixty thousand cases per annum 600.00 

For each cannery packing from sixty thousand to 

seventy thousand cases per annum 700.00 



Fish, Oyster and Game Laws 25 

For each cannery packing from seventy thousand 

to eighty thousand cases per annum 800.00 

For each cannery packing from eighty thousand 

to ninety thousand cases per annum 900.00 

For each cannery packing from ninety thousand 

to one hundred thousand cases per annum.... 1,000.00 

Rates on all canneries to be based on pack of each pre- 
ceding year. New canneries shall pay a license of $250.00 
until their pack is definitely known: Provided, however, 
That every person, firm or corporation engaged in canning 
salmon on the Columbia river within the State of Wash- 
ington shall pay for such license of the spring portion of 
the pack put up prior to August twenty-sixth, twice the 
sum indicated above for the respective canneries. (Laws 
1905, approved March 13, emergency clause). 

39. Penalty. 

Any person violating any of the provisions of this act, 
whether or not such violation is otherwise specifically de- 
clared to be a misdemeanor, either by neglecting to ob- 
serve the requirements of this act, or violating any of the 
provisions thereof, shall be deemed guilty of a misde- 
meanor, and shall upon conviction thereof for each and 
every offense, be subject to a fine of not less than fifty 
dollars nor more than one thousand dollars, or by impris- 
onment in the county jail not less than twenty-five days 
nor more than one year, or by both such fine and imprison- 
ment. (Laws 1905, chapter 170, section 6). 

40. Survey and Map of Locations for Set Nets, Pound 

Nets or Fish Traps — Marking Location of Drag 
Seines and Set Nets. 
Every person, firm or corporation who at the time this 
act takes effect shall be lawfully occupying any set net, 
pound net, or fish net trap location in the waters of Puget 
Sound in the State of Washington under any provisions of 
the statutes of this state, or who thereafter may desire to 



26 State of Washington 

so occupy any unoccupied or unclaimed fishing location 
where it may be lawful to construct a set net, pound net or 
fish trap in said waters, shall within sixty days after this 
act takes effect in the case of existing locations, and at the 
time they are sought to be made in the case of new loca- 
tions, cause all such locations to be accurately surveyed by 
a competent civil engineer, unless such like survey thereof 
of any location has already been made, in which case such 
existing survey may be used; and such occupant or claim- 
ant shall cause a location map to be made of each fishing 
location from the actual survey thereof, said map to con- 
tain a plat and description of said fishing location sufficient 
for its ascertainment and identification on the premises; 
such map must be certified by the engineer who made the 
survey, to be a true and correct map of the fishing location 
as shown, which is platted thereon from his survey thereof 
made on behalf and at the request of the occupant or 
claimant (naming him). Such map shall also contain a 
certificate of the occupant or claimant of said location, 
stating that he claims the fishing location shown on the 
map, and specifying the date and number of the license 
under which said location is held; such last mentioned 
certificate may be signed by the occupant or claimant or 
by his agent or attorney in his behalf, and shall contain 
the postoffice address of the occupant or claimant. Such 
map with the certificates thereon shall be filed in the office 
of the county auditor of the county in which such fishing 
location is situated, and shall from the date of its filing 
constitute full and complete notice that the location shown 
upon said map is owned, held, occupied and claimed by 
the person, firm or corporation designated thereon as occu- 
pant or claimant. A duplicate copy of such map shall also 
be filed (for information only) with the Fish Commissioner 
of the State of Washington, or of the district within which 
such location is situated. And it shall be the duty of all 
county auditors and fish commissioners, in whose office 



Fish, Oyster and Game Laxvs 27 

any such maps may be offered for filing, to receive and 
safely keep same on file in their respective offices. They 
shall also keep a proper and convenient index of all such 
maps, showing the time and dates of the filing, the names 
of the occupant or claimants on whose behalf such maps 
are filed, and the serial numbers of the maps in the order 
filed, all of which must be endorsed on the respective maps 
when filed; but no informality or omission on the part of 
any such public officer shall impair or prejudice the rights 
of any occupant or claimant of or to any such fishing loca- 
tion. Every person, firm or corporation being the owner, 
holder or occupant of any one or more existing set net, 
fish trap or pound net locations when this act takes effect, 
shall have the exclusive and preference right for ninety 
days thereafter within which to file such maps with the 
respective county auditors. From and after the filing of 
any such maps in the office of any county auditor, the 
occupant or claimant of the fishing location thereon shown, 
and his heirs, successors and assigns shall have the exclu- 
sive right to occupy, maintain and fish such location, to 
renew the lecense therefor, and to mortgage, sell and 
transfer such right, during such time as he or they shall 
comply with the requirements of the laws of the State of 
Washington, pertaining thereto in other respects. It shall 
not be necessary hereafter to drive any location piles to 
indicate fish traps or pound net locations within the waters 
of Puget Sound in the State of Washington, and all such 
existing piles shall be removed from such location by the 
owners and occupants thereof within ninety days from the 
date this act takes effect. Upon the construction of any 
fish trap or pound net, the number of the license under 
which same is held shall be posted in a conspicuous place 
thereon and there maintained until such trap is removed: 
Provided, however, If the locator fails to construct his ap- 
pliance during the fishing season covered by his license, 
said location shall be deemed abandoned. At the close of 



28 State of Washington 

each annual fishing season on Puget Sound the owner and 
holder of each set net, fish trap or pound net shall remove 
from the location all piles and structures of every kind. 
Locations for drag seines may be made by driving a sub- 
stantial stake or erecting a permanent monument at each 
end of the location claimed and posting thereon the num- 
ber of the license under which such drag seine is operated: 
Provided, That no seine location the title to which is in 
the state shall occupy a greater space than twice the length 
of the seine covered by above license. Locations for set 
nets may be made by erecting a permanent monument near 
or securely anchoring a buoy on the location claimed, upon 
which shall be posted the number of the license under 
which such set net is operated: Provided, There shall be 
a lateral passage way of at least three hundred feet and 
an end passage way of thirty feet between all set nets. 
No fishing appliance or device of any kind whatsoever lo- 
cated or used upon any streams or rivers of this state shall, 
either by a lead or any parts of said appliance occupy more 
than one-third of the width of such streams or rivers: Pro- 
vided, however, That in the Columbia river and its tribu- 
taries, Willapa Harbor and its tributaries. Grays Harbor 
and its tributaries, any person or corporation, after first 
having obtained a license as provided for in this act, shall 
indicate locations for traps or pound nets made under such 
license, by driving at least three substantial piles thereon, 
which must extend not less than ten feet above the surface 
of the water at high tide, one of said piles to be driven 
at each end of the location claimed, and upon said ter- 
minal piles there must be posted the license number, and 
if the locator fails to construct his appliance during the 
fishing season covered by his license, said location shall 
be deemed abandoned. After any such trap or pound net 
has been located, the owner thereof may file a description 
thereof sufficient for identification with the Pish Commis- 
sioner, and shall thereafter have the exclusive right to 



Fish, Oyster and Game Laws 29 

fish such location and to sell and transfer such right during 
such time as the locator or owner of such right shall com- 
ply with the requirements of the law pertaining thereto in 
other respects. Locations for drag seines may be made 
by driving a substantial stake or erecting a permanent 
monument at each end of the location claimed and posting 
thereon the number of the license under which such drag 
seine is operated: Provided, That no seine location, the 
title to which is in the state, shall occupy a greater space 
than twice the length of the seine covered by above license. 
Locations for set nets may be made by erecting a perma- 
nent monument or securely anchoring a buoy on the loca- 
tion claimed, upon which shall be posted the number of 
the license under which such set net is operated: Pro- 
vided, There shall be a lateral passage way of at least 
three hundred feet and an end passage way of thirty feet 
between all set nets. No fishing appliance or device of 
any kind whatsoever located or used upon any streams or 
rivers of this state shall, either by a lead or any parts of 
said appliance occupy more than one-third of the width 
of such streams or rivers. (Laws 1905, chap. 140, sec. 2). 

41. Failure to Obtain License, Misdemeanor. 

Any person or corporation owning, operating, maintain- 
ing or using any pound nets, traps, weirs, fish wheels or 
other fixed appliances, or any seines, set nets, gill nets or 
drift nets for the purpose of catching salmon or other food 
fishes within or upon the waters of this state, without first 
having obtained a license so to do as provided for in this 
act, shall be deemed guilty of a misdemeanor, and any 
assignee of a license operating any such appliance without 
giving notice of such assignment as required by this act 
to the Fish Commissioner, shall be guilty of a misde- 
meanor. (Laws 1899, p. 204, §10; P. C, §5283). 

42. Set Nets— When Not Unlawful. 

Nothing in this act shall be so construed as to prevent 
fishing with set nets in any rivers of this state except when 



30 State of Washington 

such fishing is expressly prohibited by law, or prohibited 
by the Fish Commissioner, in his discretion, in rivers on 
whicli are located state fish hatcheries. (Laws 1899, p. 
204, §11; P. C, § 5284). 

43. Protection of Food Fishes — Certain Streams May Be 

Closed. 
Whenever the Fish Commissioner shall consider that 
the protection of the food fishes mentioned in this act shall 
require it, he may close to fishing any stream or river in 
this state emptying into Puget Sound, the Columbia river, 
Grays Harbor or Willapa Harbor, in the manner following, 
to-wit: He shall post in the office of the county auditor of 
the county or counties through which the stream or streams 
desired to be closed shall run, a notice stating that on a 
date set up in said notice, which date of notice shall not 
be less than thirty days from the date of notice, said stream 
or streams will be closed to public fishing, and shall cause 
a like notice to be published in some weekly newspaper 
published in said county or counties for not less than four 
successive issues. Any person fishing in said stream or 
streams after it shall have been closed as hereinbefore 
provided, shall be guilty of a misdemeanor, and upon con- 
viction shall be punished as provided for the punishment 
of misdemeanors in this act: Provided, Nothing in this 
section contained shall be construed to prohibit hook and 
line fishing for salmon in any stream or streams in this 
state. (Laws 1899, p. 204, §12; P. C, §5285). 

44. Protection of Salmon or Salmon Trout in Olympia 

Harbor. 

It shall be unlawful for any person at any time to take 
in any manner except with hook and line any salmon or 
salmon trout within the limits of townships 18 and 19 N., 
R. 2 and 3 west, W. M., in the State of Washington. 

Any person violating any of the provisions of this act 
shall upon conviction thereof be punished by a fine of not 



Fish, Oyster and Game Lazes 31 

less than twenty-five dollars ($25.00) nor more than one 
hundred dollars ($100.00) or Imprisonment in the county 
jail for not less than ten (10) days nor more than thirty 
(30) days, or both such fine and Imprisonment, in the dis- 
cretion of the court. 

It shall be lawful at all times for the State Fish Com- 
missioner, the general superintendent of state fish hatch- 
eries, and assistants, to take trout and other game fish by 
means of hook and line or nets at any place within one 
mile of any state fish hatchery operated for the propaga- 
tion of salmon: And provided. That the provisions of this 
section shall also apply to superintendents of salmon 
hatcheries operated by the United States bureau of fisheries 
in this state. (Laws 1909, chap. 184). 

45. Fish Hatchery Fund. 

All moneys collected for licenses and fines under the 
provisions of this act shall be turned into the state treas- 
ury and placed in the fish hatchery fund. (Laws 1899, p. 
205, §13; P. C, §5286). 

46. Definition of Salmon. 

Whenever the term salmon is used in this act it shall 
be construed to include and apply to Chinook, steelhead, 
blueback, silverside, and all other species of salmon. (Laws 
1899, p. 205, §14; P. C, §5287). 

47. United States Officers iVlay Take for Propagation. 

Nothing in this act shall be construed so as to prevent 
the taking of salmon or other food fishes by the Fish Com- 
missioner or proper officers of the United States for propa- 
gating purposes. (Laws 1899, p. 205, §15; P. C, §5288). 

48. Reports to Fish Commissioner. 

It shall be the duty of all persons who purchase salmon 
or other food fishes from fishermen or takers or catchers 
of salmon, or other food fishes, for the purpose of selling 
or canning them or the product of the same for profit, to 



32 State of Washington 

report to the Fish Commissioner on blanks furnished by 
him, on or before the 15th day of November of each year 
hereafter, the number of each species of fish, state sepa- 
rately, so purchased by them, or if purchased by weight, 
the number of pounds of each species, and the average 
price per pound; such statement or report shall be made 
under oath. (Laws 1899, p. 205, §16; P. C, $5289). 

49. Oaths May Be Administered by Fish Commissioner. 
The Fish Commissioner is hereby authorized to ad- 
minister oaths, and may require any statement made to 
him in application for license, or in any report submitted 
to him, or in any manner connected with the discharge of 
his official business, to be made to him under oath. (Laws 
1899, p. 205, §17; P. C, §5290). 

50. Terms Defined. 

The term "person or persons" when used in this act, 
shall be taken to include partnerships, associations and 
corporations. The term "seine" in this act is intended to 
cover all forms of nets known as seines, purse seines or 
purse nets, trawls, beam trawls, stow nets, drag nets, bag 
nets, draw nets, drift nets, reef nets and dredge nets. 
(Laws 1899, p. 205, §18; P. C, §5291). 

51. Reports to Fish Commissioner Confidential. 

All reports showing the status of the business of any 
person required under the provisions of this act to report 
to the Fish Commissioner shall be treated by said commis- 
sioner as confidential and shall not be open to public in- 
spection, nor shall they be published in any way by the 
commissioner or communicated to any person unless their 
publication shall be necessary in some civil or criminal pro- 
ceedings against said person or persons for the purpose of 
enforcing the provisions of this act: Provided, That the 
Fish Commissioner may utilize any and all statistics fur- 
nished him in any annual, biennial or other report made 



Fish, Oyster and Game Laws 33 

by him where the use of said statistics or information will 
not disclose to the public the condition of business of any 
person: And provided further, That if the Fish Commis- 
sioner or any one in his employ shall wilfully publish the 
said information or statistics disclosing the condition of 
business of any individual in violation of this section, he 
shall be guilty of a misdemeanor and shall be punished by 
a fine of any amount not exceeding one thousand dollars. 
(Laws 1899, p. 205, §19; P. C, §5292). 

52. Boats, Seines and Other Appliances May Be Confis- 

cated. 

Any and all appliances used in violation of any of the 
provisions of this article, viz., boats, traps, nets, weirs, fish 
wheels, or other appliances, shall be subject to execution 
for the payment of the fines herein provided. Such ap- 
pliances may be seized by the Fish Commissioner and shall 
be forfeited to the state, and the proceeds turned into the 
fish hatchery fund, and the superior court of the state 
shall have exclusive jurisdiction in all cases. (Laws 1897, 
p. 218, §6; 1 Bal. C, §3352). 

53. Penalty, 

Any person violating any of the provisions of this act, 
whether or not such violation is otherwise specifically de- 
clared to be a misdemeanor, either by neglecting to ob- 
serve the requirements of this act or violating any of the 
provisions thereof, shall be deemed guilty of a misde- 
meanor, and shall upon conviction thereof for each and 
every offense, be subject to a fine of not less than ten 
dollars nor more than two hundred and fifty dollars. (Laws 
1899, p. 206, §20; P. C, §5293). 

54. Repeal — Saving Clause. 

All acts and parts of acts in conflict with the provisions 
of this act are hereby repealed: Provided, That all licenses 
—3 



34 State of Washington 

continued for the time such licenses may have to run or 
for the unexpired portion thereof, the same as if this act 
had not taken effect, and such licenses shall be renewed 
upon application upon the payments of the licefise fees as 
provided by this act. (Laws 1899, p. 206, §21; P. C, 
§5294). 

55. Puget Sound Defined. 

For the purpose of more clearly defining the term "Pu- 
get Sound," all that portion of the tide waters emptying 
into the Straits of Fuca, and the bays, inlets, streams and 
estuaries thereof, shall be known and designated as Puget 
Sound. (Laws 1890; 2 BaL C, §7381; P. C, §1820). 

56. Taking of Salmon Near Fish Rack. 

It shall be unlawful to catch, kill or in any manner 
destroy any salmon on or within one mile below any rack 
or other obstruction erected across any river or stream 
for the purpose of obtaining fish for propagation, and any 
person or persons violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof be fined in a sum of not less than fifty 
dollars nor more than two hundred and fifty dollars; and 
any and all appliances used in violation of this section, 
boats, nets, traps, wheels, seines, or other appliances, shall 
be subject to execution for the payment of the fine im- 
posed. (Laws 1890; 2 Bal. C, §7378). 

57. Young Salmon Must Be Restored to Water Where 
Caught. 
Every person who by seine or by any means whatever, 
except by hook and line, shall catch young salmon of ten 
Inches in length or less, in the waters of Puget Sound, or 
in any of the streams flowing into Puget Sound, and who 
shall not return the same immediately alive to the water, 
or who shall sell or offer for sale any such fish, or shall 
wilfully destroy any small fish not merchantable, shall be 



Fish, Oyster and Game Lazes 35 

now existing under the laws lieretofore in force shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not less than twenty-five 
dollars nor more than seventy-five dollars for each and 
every offense. (Laws 1893; 2 Bal. C, § 7383; P. C, § 5304). 

58. Corrupting Waters Containing Fish— Explosives. 

It shall not be lawful to cast or pass, or allow to be 
cast or passed, into any water of this state into which sal- 
mon or trout are wont to be, any lime, gas, cocolus indicus, 
or any other substance deleterious to fish, or to explode or 
cause to be exploded any powder, Hercules powder, dyna- 
mite, nitro glycerine or any other explosive substance, for 
the purpose of catching, killing or destroying salmon or 
other food fish, and any person or persons violating any 
of the provisions of this section shall be deemed guilty of 
a misdemeanor, and upon conviction thereof, be fined in 
a sum not less than fifty dollars nor more than two hun- 
dred and fifty dollars. (Laws 1891; 2 Bal. C, §7384). 

59. Fishways to Be Provided. 

Any person or persons now owning, or maintaining, or 
who shall hereafter construct or maintain any dam or 
other obstruction across any stream in the state in which 
any food fish are wont to ascend, without providing a fish- 
way or ladder determined and approved by the Fish Com- 
missioner of this state and suitable to enable the fish to 
pass over, through or by said obstruction, upon conviction 
thereof shall be guilty of a misdemeanor, and punished by 
a fine of not less than one hundred dollars nor more than 
two hundred and fifty dollars, and said dam may, in the 
discretion of the court, be abated as a nuisance. Any per- 
son who at any time shall catch or take any food fish of 
the State of Washington within one hundred yards of any 
fishway or ladder, whether such fishway or ladder is lawful 
or not, shall be guilty of a misdemeanor and upon convic- 
tion thereof shall be punished by a fine of not less than 



36 State of Washington 

fifty nor more than two hundred and fifty dollars. (Laws 
1893; 2 Bal. C, §7385; P. C, §5297). 

60. Casting Sawdust, etc., Into Streams. 

It shall not be lawful for the proprietor of any saw mill 
in this state, or any employe therein, or any other person, 
to cast sawdust, planer shavings, or other lumber waste 
made by any lumber manufacturing concern, or suffer or 
permit such sawdust, shavings or other lumber waste to 
be thrown or discharged in any manner into the Columbia 
river and its tributaries, and all other streams and lakes 
in this state where fish resort to spawn, and any person or 
persons violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not less than one hundred 
nor more than two hundred and fifty dollars. (Laws 1890; 
2 Bal. C, §7386; P. C, §5298). 

61. Word "Salmon" Defined. 

Whenever the term "salmon" is used in this act, it shall 
be construed to include chinook, steelhead, blueback, sil- 
versides, and all other species of salmon. (Laws 1890; 
2 Bal. C, §7887; P. C, §5290). 

62. Jurisdiction of Justice of the Peace. 

Justices of the peace shall have concurrent jurisdiction 
with the superior court of all offenses mentioned in this 
act. (Laws 1890; 2 Bal. C, §7389; P. C, §5302). 

63. Taking Fish for Propagation Is Lawful. 

Nothing in this act shall be construed so as to prevent 
the taking of fish at any time of year, and in any manner, 
for propagation. (Laws 1890; 2 Bal. C, §7390; P. C, 
§5303). 

64. Right to Take Fish for Sale Limited to Citizens. 

It shall be unlawful for any person to fish for or take 
for sale or profit any salmon, sturgeon, or other food fish 



Fish, Oyster and Game Laws 37 

in anj' of the rivers or waters of this state, or over which 
it has concurrent jurisdiction in civil and criminal cases, 
unless such person be a citizen of the United States, or has 
declared his intention to become such one year prior there- 
to, and is and has been for six months immediately prior 
to the time he engaged in such business an actual resident 
of the state. (Laws 1891; 2 Bal. C, §7391). 

65. Fact of Citizenship and Residence, How Determined. 
Any person desiring to fish for salmon, sturgeon, or 

other food [fishes] in any such rivers or waters may go be- 
fore any county clerk of any county of this state and fur- 
nish satisfactory evidence of his citizenship, or of the fact 
that he has declared his intentions to become such one year 
prior thereto, and file his own affidavit and the affidavit of 
two other persons, to the effect that he is and has been for 
six months prior thereto an actual bona fide resident of this 
state, and thereupon such recorder or clerk shall issue to 
him a certificate briefly reciting those facts, and thereafter 
in any prosecution against such person for a violation of 
the provisions of this act such certificate or duly authenti- 
cated copies of the record in the office of the clerk or re- 
corder relative thereto shall be prima facie evidence of 
his citizenship and residence as in this act required. But 
in all prosecutions under this act the burden of proof shall 
be on the defendant to establish the facts of his citizenship 
and residence. (Laws 1891; 2 Bal. C, §7392). 

66. Punishment Upon Conviction of Offense. 

Any person violating any of the provisions of this act, 
upon conviction thereof before any justice of the peace, 
shall be fined not less than five nor less [more] than one 
hundred dollars. (Laws 1891; 2 Bal. C, §7393; P. C, 
§5315). 

67. Certificate — Fee for Issuing — Registry. 

For taking the affidavits and issuing the certificates 
herein provided for, the clerk shall collect from the party 



38 State of Washington 

applying the sum of one dollar, to be paid into the county 
treasury; and he shall keep in his office a record of all 
certificates issued pursuant to this act. (Laws 1891; 2 
Bal. C, §7394; P. C, §5316). 

68. Persons Excepted from Operation of Above Sections. 
Nothing in this act shall be construed to prevent citi- 
zens of any state having concurrent jurisdiction with this 
state over or upon any rivers or waters from fishing upon 
such rivers or waters: Provided, That this act shall not 
apply to Indians. (Laws 1891; 2 Bal. C, §7395; P. C, 
§5317). 

69. Protection of Sturgeon — Closed Season. 

Hereafter it shall not be lawful for any person or per- 
sons to take, capture or kill in the waters of the Columbia 
river or tributaries thereof any sturgeon between the first 
day of March and the first day of November in each and 
every year, under a penalty of twenty dollars for each and 
every sturgeon so taken, captured or killed, or had unlaw- 
fully. (Laws 1899, p. 271, §1; P. C, §5307). 

70. Protection of Young Sturgeon — Penalty. 

It shall not be lawful at any time to take or kill any 
young sturgeon under four feet in length, or fish for the 
same by any device or appliance whatever in the waters 
ot the Columbia river or tributaries thereof, and any person 
or persons fishing Math gill nets, fish wheels or other fish- 
ing apparatus whatever in the waters of the Columbia river 
or tributaries thereof, who on lifting, drawing, taking up 
or removing any of said nets, or other fishing apparatus, 
shall find young sturgeon under four feet in length en- 
tangled or caught therein, shall immediately, with care 
and the least possible injury to the fish, disentangle and let 
loose the same and transmit the fish to the water without 
violence. Any person or persons violating any of the pro- 
visions of this section, or having in their possession young 



Fish, Oyster and Game Lares 39 

sturgeon under four feet in length, either for consupmtion 
or sale, or who is known to wilfully destroy the same, for 
so offending shall, on conviction thereof, be punished with 
a fine of ten dollars for each and every fish so caught, sold 
or destroyed. (Laws 1899, p. 271, § 2; P. C, § 5308). 

71. Chinese Lines Prohibited — Penalty. 

It shall be unlawful to cast, extend, set. use or continue 
or assist in casting, extending or using any Chinese stur- 
geon lines, or lines of a similar character, in the waters of 
this state. The Fish Commissioner and any deputies are 
hereby authorized to seize and destroy any such lines 
found in said waters, and they are hereby authorized to 
arrest forthwith any person or persons detected in setting 
or using any Chinese sturgeon lines, or lines of similar 
character, in the waters of this state. Any person violating 
any of the provisions of this section shall be fined in a 
sum not less than twenty-five dollars and not more than 
one hundred dollars. (Laws 1899, p. 272, § 3; P. C, § 5309). 

FOR THE PROTECTION OF TROUT AND OTHER 
GAME FISH. 

72. Close Season. 

Until after the first day of August. 1908, it shall be un- 
lawful for any person to take from the streams or lakes 
of the State of Washington any trout or other game fish 
for the purpose of selling, salting or otherwise preserving 
the same: Provided. This section shall not apply to salmon 
trout in streams west of the Cascade range. (Laws 1903, 
p. 189, §1). 

73. Penalty. 

Any jjerson violating the provisions of the first section 
of this act shall be guilty of a misdemeanor and subject to 
a fine of not less than fifty dollars ($50), or imprisonment 
of not less than thirty days, or botli. (Laws 1903, p. 190, 
§2). 



40 State of Washington 

74. Unlawful to Have in Possession for Transportation or 

Market. 
It shall be unlawful for any person, firm, company, part- 
nership or corporation to transport or have in their posses- 
sion for the purpose of transportation or for the market 
any trout or . game fish within the State of Washington. 
Possession of any of said fish by any of said persons herein 
named shall be presumptive evidence that said fish are 
possessed for the purpose of sale in the market: Provided, 
That nothing in this act shall be construed to be in conflict 
with the provisions of an act passed March 18, 1901, relat- 
ing to the establishment and maintenance of private fish 
hatcheries, known as chapter 153, Laws of 1901. (Laws 
1903, p. 190, §3). 

75. Penalty. 

Any steamboat or other transportation company violat- 
ing section three of this act shall be guilty of a misde- 
meanor and shall be subject to a fine or imprisonment as 
provided in section two of this act. (Laws 1903, p. 190, 
§4). 

76. Providing a Closed Season for Trout Fishing in Chelan 

County. 
It shall not be lawful for any person or persons to take, 
capture, catch or kill from any of the lakes or streams 
within the county of Chelan, or to have in their possession 
after the same have been taken, captured, caught or killed, 
any trout between the first day of April and the tenth day 
of June in each year: Provided, That it shall be lawful to 
take with hook and line only, from Lake Chelan in said 
county, at any time of the year, except between the 1st day 
of April and the 10th day of June, trout not exceeding in 
amount that which shall be actually used as food at home 
or in camp along the shore of said lake: And provided 
further. That it shall be unlawful to waste, sell, salt or 



Fish^ Oyster and Game Laws 41 

pack for future use any trout taken from any of the waters 
of said Chelan county: And provided further, That it shall 
be unlawful for any person to fish with spawn or trout eggs 
in said lake or any of the streams emptying into it, and 
that it shall be unlawful to fish or take fish in any or at 
any time from any stream tributary to Lake Chelan on 
which a state hatchery is located. (Chapter 232, Laws 
1907). 

77. Penalty. 

Any person violating the provisions of this act shall be 
guilty of a misdemeanor and subject to a fine of not less 
than twenty-five dollars ($25) nor more than one hundred 
dollars ($100). (Laws 1903, p. 54, §2). 

78. Repeal. 

All other laws relating to the close season for trout 
and other game fish shall be inoperative in the said county 
of Chelan after passage of this act. (Laws 1903, p. 54, § 3). 

79. When Trout May Not Be Taken. 

Every person who shall, within the State of Washington, 
during the months of November, December, January, Feb- 
ruary and March of each year, take, catch, kill or have in 
their possession any brook trout [or] mountain trout shall 
be deemed guilty of a misdemeanor. Every person who 
shall take, catch, kill or have in their possession any of 
the food fishes implanted in the creeks, rivers, lakes or 
bays of the State of Washington, except for propagating 
the same, for a period of three years after the same shall 
have been implanted, shall be guilty of a misdemeanor. 
(Laws 1895; 2 Bal. C, §7373; P. C, §5305). 

80. Trout to be Taken Only With Hook and Line. 

Every person who shall within the State of Washington, 
catch or destroy, with any seine, net, weir, trap, or other 
device other than hook and line any mountain trout, brook 
trout, bull trout, or salmon trout, in any of the waters of 



42 State of Wasliington 

the State of Washington, shall be guilty of a misdemeanor. 
(Laws 1891; 2 Bal. C, §7374; P. C, §5306). 

81. Possession Presumption of Unlawful Taking. 

Every person who shall, within the State of Washing- 
ton, have in his possession any of the animals, fowls, birds 
or fish mentioned in section 76 of this code, at any time 
when by any of said sections it is made unlawful to take 
or kill the same, shall be guilty of a misdemeanor; and 
proof of possession by any person of the aforesaid animals, 
fowls, birds or fish, when it is unlawful to take or kill 
the same, shall be prima facie evidence that the animals, 
fowls, birds or fish were unlawfully taken or killed by the 
person having possession of the same, within the county 
wherein the same may be found: Provided, That nothing 
in this article shall prohibit any person from taming or 
keeping for the purpose of propagation or curiosity any 
of the animals, fowls, or birds mentioned therein. (Laws 
1891; 2 Bal. C, §7375). 

82. Penalty for Violation. 

Every person who shall, within the State of Washington, 
be convicted of a violation of any of the provisions of sec- 
tions 76 and 77, shall be punished by a fine of not less 
than ten dollars and not more than three hundred dollars, 
together with the costs of the prosecution, or imprisonment 
in the county jail where the offense is committed not less 
than five days nor more than three months, or both such 
fine and imprisonment. One-half of all the moneys col- 
lected from such fines for a violation of any of the provi- 
sions of said sections shall be paid to the informer, and 
one-half to the county in which the case is prosecuted. 
(Laws 1888; 2 Bal. C, §7376). 

83. Protection of Bass, Perch, Pickerel and Pike — Closed 

Season. 
It shall not be lawful for any person or persons to take, 
capture, catch or kill in any of the lakes or streams in this 



Fish, Oyster and Game Laics 43 

state, or have in their possession after the same has been 
taken, captured, caught or killed, any bass, perch, pickerel 
or pike, between the 15th daj^ of May and the 1st day of 
July of each and every year. (Laws 1901, p. 324, § 1; P. C, 
§5310). 

84. Bass, Perch, Pickerel and Pike to Be Taken Only With 

Hook and Line. 
It shall not be lawful at any time to take, capture, catch 
or kill any bass, perch, pickerel or pike in any of the 
lakes or streams of this state by the use of any device or 
in any other manner than with hook and line. (Laws 1901, 
p. 324, § 2; P. C, §5311). 

85. Protection of Bass, Perch, Pickerel and Pike — Penalty. 
Upon conviction of any violation of this act the person 

or persons so convicted shall be punished by a fine of not 
less than ten dollars, nor more than fifty dollars. (Laws 
1901, p. 324, §3; P. C, §5312). 

86. Protection of Trout, Bass, Perch, Pickerel and Pike 

in Counties Lying East of Western Boundary of 
Okanogan, Chelan, Kittitas, Yakima, and Klickitat. 

It shall be unlawful for any person in the State of 
Washington in any of the counties lying east of the west- 
ern boundary of the counties of Okanogan, Chelan, Kitti- 
tas, Yakima, and Klickitat, to take, capture, catch or kill 
in any of the lakes or streams therein, or have in their 
possession after the same has been so unlawfully taken, 
any trout, bass, perch, pickerel or pike, between the first 
day of November and the first day of May of the following 
year. 

It shall be unlawful for any person to sell or offer for 
sale or for any person to purchase any trout, bass, or other 
game fish at any season of the year: Provided, That this 
section shall not apply to fish taken from private hatch- 
eries. 



44 State of Washington 

It shall be unlawful for any person at any time to take, 
capture, catch or kill any trout except native mountain 
brook trout or bass in the waters hereinabove described 
which shall be less than six inches in length, and any such 
fish which may be accidentally caught shall be immediately 
returned to the water. 

It shall be unlawful for any person to take, capture, 
catch or kill more than twenty pounds of trout, bass or 
perch in any one day and no person shall have in his or 
her possession at any time more than thirty pounds of such 
trout, bass or perch, which may have been caught in the 
waters above described. 

Any person who shall violate any of the provisions of 
this act shall be guilty of a misdemeanor and upon con- 
viction shall be fined not less than ten dollars nor more 
than two hundred dollars, together with the costs of prose- 
cution of such action, and in default of the payment of any 
fine imposed under this act, shall be imprisoned in the 
County jail one day for each two dollars of such fine. 

All laws or parts of laws in conflict with the provisions 
of this act are hereby repealed: Provided, That this act 
shall not apply to Garfield or Columbia counties. (Laws 
of 1909, chapter 149). 

87. Wire Screens at Head of Canals, Ditches and Flumes. 

That any person or persons, company or corporation 
owning, operating or controlling any canal, ditch or flume 
used for irrigating purposes shall erect on streams where 
state fish hatcheries are located and keep at the head of 
every such canal, ditch or flume, a wire screen or grill; 
the design and construction of the same shall be under the 
direction and approval of the State Fish Commissioner; 
said wire screen or grill shall be well constructed, and the 
meshes of said screen or grill shall not be farther apart 
than one-fourth of one inch, and shall be securely placed in 
the head of every such channel, flume or ditch, so as to 
prevent the ingress of any mountain trout or other food 



Fish, Ouster and Game Laws 45 

fishes from any of the lakes or streams of this state. (Laws 
1905). 

88. Penalty. 

Any person or persons, company or corporation, or any 
agent of any company or corporation, violating any of the 
provisions of this act shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined in any sum not less 
than fifty, nor more than five hundred dollars. (Laws 
1905). 

89. Providing for the Destruction of Seals and Sea Lions 

on the Columbia River. 
There is hereby appropriated out of the general fund 
in the state treasury, not otherwise appropriated, the sum 
of one thousand dollars to be expended under the super- 
vision of the State Fish Commissioner for the destruction 
of seals and sea lions in the Columbia river and in the 
vicinity of the mouth thereof. (Laws 1909, chapter 155). 

90. Extermination of Cougar, Wild-Cat, Lynx, Coyote and 

Timber Wolf, and Payment of Bounties for Such Ex- 
termination, Providing Penalties, and Making an 
Appropriation Therefor. 
Any person who shall kill any cougar, lynx, wild-cat, 
coyote or timber wolf in the State of Washington shall be 
entitled to a bounty therefor as follows: For each cougar, 
twenty dollars ($20.00) ; for each lynx or wild-cat, five dol- 
lars ($5.00) ; for each coyote, one dollar ($1.00) ; and for 
each timber wolf, fifteen dollars ($15.00). 

Upon the production to the county auditor of any county 
of the entire hide or pelt and right fore leg to the knee 
joint intact of any cougar, lynx, wild-cat, coyote or timber 
wolf, killed in such county, each of which hides or pelts 
shall show two ears, eye holes, skin to tip of nose, and 
right fore leg to the knee joint intact, the county auditor 
shall require satisfactory proof that such animal was killed 



46 Kit (lie of Washington 

in such county. When the county auditor is satisfied that 
such animal was killed in his county, he shall cut from 
such hide or pelt the bone of the right fore leg to the knee 
as aforesaid which shall be burned in the pi-esence of 
such auditor and one other county official, who shall certify 
to the date and place of such burning. 

Any person or persons obtaining or attempting to obtain 
said bounty on the hide or pelts of any cougar, wild-cat, 
lynx, coyote or timber wolf, killed more than thirty days 
prior to the date of obtaining or attempting to obtain said 
bounty or that was killed outside of the boundaries of the 
county in which the same was offered, or make any other 
false or fraudulent representation for the purpose of ob- 
taining such bounty, shall be guilty of a felony and upon 
conviction thereof shall be imprisoned in the state peni- 
tentiary for a period of time not to exceed five years, or 
shall be punished by a fine of not less than five hundred 
dollars nor more than five thousand dollars, or by both 
such fine and imprisonment at the discretion of the court. 

The amount paid by any county for scalps under this 
act shall be credited to it by the State Auditor upon receipt 
by the State Auditor of a sworn statement from the county 
auditor as to the amount of warrants issued under the pro- 
visions of this act in said county, which statement shall be 
tendered to the State Auditor by each county quarterly, 
and the State Auditor shall make a charge against the gen- 
eral fund of the state for any such credits: Provided, 
That the credits herein provided for shall not exceed 
twenty-five thousand dollars ($25,000) for each biennial 
period. (Laws of 1909, Chap. 193). 

91. Riparian Proprietor iVIay Establish Private Hatchery. 
Any riparian proprietor may establish a private fish 
hatchery for the cultivation of food fishes, and for such 
purpose and use may, within the limits of his premises, 
inclose the waters of any river or stream or lake in this 
state, subject to the conditions and regulations hereinafter 



Fish, Oyster and Game Laws 47 

j^rovided; and any person lawfully conducting any such 
private fish hatchery and engaged in the artificial propa- 
gation, culture and maintenance of fishes, may take them 
in his own inclosed waters wherein the same are so culti- 
vated and maintained at any time and for any purpose. 
(Laws 1901, p. 318, § 1). 

92. Private Hatchery — Passageway for Migratory Fish — 

Passageway for Boats, Etc. — Exceptions. 
Any person, firm or corporation establishing a private 
fish hatchery and inclosing the waters of a river or stream, 
as provided in section 1 of this act shall provide and fur- 
nish a suitable passageway along said hatchery for migra- 
tory fishes naturally frequenting such waters, above and 
below such hatchery, and shall so place and construct said 
Inclosure as to allow the passage of boats, saw logs, shingle 
bolts, cordwood, fencing posts or rails, without unreason- 
able delay, when such inclosure is upon a river or a stream 
navigable and generally used for the navigation of boats, 
or for the floating down of logs, fencing posts, or rails: 
Provided, That if the person, firm or corporation inclosing 
the waters of a river or stream, as herein provided, is the 
sole riparian proprietor thereof from such inclosure to and 
including the source of such river or stream, such person, 
firm or corporation shall be excepted from the operation 
of this section, and shall not be required to furnish any 
passageway for fish or for boats, logs, fencing or other 
material. (Laws 1901, p. 318, §2). 

93, Private Hatchery Defined. 

Any person, firm or corporation engaged in the business 
of taking fish spawn and the artificial hatching thereof, or 
in the raising of fry and fish therefrom, in any of the 
waters or streams of this state, shall be deemed to be con- 
ducting a private fish hatchery under the terms of this act. 
(Laws 1901, p. 319, §3). 



48 State of Washington 

94. Sale of Fish from Private Hatchery Prohibited, Unless 

Location, etc., Be Approved, and Same Licensed. 

No fish spawn, fry or fish from any private fish hatchery 
shall be sold under the terms of this act, unless the loca- 
tion and plan of such hatchery, including the character 
and size of fishway and passageway, be approved by the 
Fish Commissioner, and the same duly licensed as a pri- 
vate fish hatchery. (Laws 1901, p. 319, §4). 

95. When Fish IViay Be Sold. 

The product of such fish hatchery, fish spawn, fry and 
fish may be sold at any time of the year by such hatchery 
or their then vendees after having first complied with the 
terms of this act and the regulations of the Fish Commis- 
sioner in relation thereto. (Laws 1901, p. 319, §5). 

96. License Fee. 

Each private fish hatchery, before it shall be entitled 
to the benefits of this act, shall pay an annual license fee 
of $25 to the Fish Commissioner. (Laws 1901, p. 319, § 6). 

97. Reports to Fish Commissioner. 

It shall be the duty of the superintendent or person in 
charge of any private fish hatchery to make a quarterly 
report to the State Fish Commissioner of the amount of 
spawn, fry and number of fish sold, and the name and 
address of the party receiving the same. It shall be the 
duty of each person, firm or corporation affected by the 
provisions of section 8 to render to the Fish Commissioner 
of the State of Washington a quarterly report giving a de- 
tailed statement showing the amount of spawn, fry and 
number of fish received from any private hatchery, and 
giving the name and postoffice address of the superintend- 
ent or manager of the same. (Laws 1901, p. 319, §7). 



Fish, Oyster and Game Laws 49 

98. License Fees for Business of Buying, Packing, Sell- 

ing, Etc. 
Every person, firm or corporation engaged in the busi- 
ness of buying and selling, packing and preserving, or 
otherwise dealing in trout or other food fish obtained from 
private hatcheries of this state, shall procure a license for 
such business from the Fish Commissioner of the state and 
shall pay an annual license fee of $2.50. (Laws 1901, p. 
320, §8). 

99. Unlawful to Take Fish Without Permission of Pro- 

prietor of Private Hatchery. 

No person shall take fish in any manner from the In- 
closed portion of any river, stream, pond or other water 
in which a private fish hatchery is located, or in which 
fish are artificially propagated, cultivated and maintained 
under the provisions of this act, without permission of the 
owner or proprietor of such hatchery. (Laws 1901, p. 320, 
§9). 

100. Fish and Game Protection Fund. 

All moneys collected for licenses and fines under the 
provisions of this act shall be turned into the state treas- 
ury and placed in the fish and game protection fund. 
(Laws 1901, p. 320, §10). 

101. Penalty. 

Any person violating any of the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by imprisonment in the 
county jail for a period not to exceed six months or by a 
fine not more than $500 or by both such fine and imprison- 
ment. (Laws 1901, p. 320, §11). 

102. Tags or Brands on Fish Sold. 

The State Fish Commissioner shall have authority to 
require tags, branding or other device attached to all fish 
sold from private hatcheries. (Laws 1901, p. 320, §12). 
—4 



50 State of Washington 

103. Repealing Clause. 

All acts and parts of acts in conflict with the provisions 
of this act are herel^y repealed. (Laws 1901, p. 320, §13). 



OYSTER LAWS. 



CREATING A STATE OYSTER COMMISSION, A STATE 
OYSTER FUND, AND MAKING AN APPRO- 
PRIATION THEREFOR. 

104. Commission. 

There is hereby created a State Oyster Commission to 
consist of the Governor, Commissioner of Public Lands 
and the Fish Commissioner. (Laws 1903, p. 340, §1). 

105. Records. 

The Commissioner of Public Lands shall be the secre- 
tary of said commission, which secretary shall keep a true, 
full and correct record of all meetings of said commission. 
Said records shall be kept in the office of the Commissioner 
of Public Lands and shall be public records open for in- 
spection of the public during office hours. (Laws 1903, 
p. 340, § 2). 

106. Meetings. 

The said commission shall regularly meet on the first 
Tuesday in January, April and October of each year, at 
the office of said commission, and at such other times as 
the chairman of said commission may call and direct. 
(Laws 1903, p. 340, § 3). 

107. Quorum. 

A majority of said commission shall constitute a 
quorum to do business on all questions arising or coming 
before said commission. A decision of a majority of the 
members of said commission shall be valid as the act. 



Fish, Oyster and Game Laics 51 

ruling, judgment or decision of said commission. (Laws 
1903, p. 340, §4). 

108. Duties and Powers. 

It shall be the duty of the State Oyster Commission, 
and they shall have power to: 

1. Examine all existing oyster reserves and to do or 
cause to be done such things as may be deemed advisable, 
to conserve, protect and develop said reserves as now 
established and that may be hereafter established, and 
to make such rules and regulations as may be found nec- 
essary or desirable to carry into effect the provisions of 
this act. 

2. To immediately examine all tide or oyster lands 
belonging to the state (except tide lands of the first class 
and lands hereinabove provided for), and to survey, plat 
and establish {hereon what shall be and constitute oyster 
reserves for the future. 

3. To cause a survey or re-survey of all the state 
oyster land reserves now existing or to be established by 
the said commission, to be made before the first day of 
October, 1903, or as soon thereafter as possible, and shall 
have each angle of the boundary line indicated by a stone 
not less than one hundred pounds in weight and marked 
with the letters S. R. cut thereon in letters not less than 
three inches long and one-half inch deep, and to cause all 
oyster reserves to be platted, said plats to be filed in the 
office of the Commissioner of Public Lands and in the 
office of the auditor of the county wherein said reserves 
are located; and in cases where the adjoining lands are 
used in whole or in part by private individuals for the pro- 
duction of oysters, stakes shall be kept standing on all of 
the angles of the boundary, the tops of which shall be at 
least four feet above high tide. 

4. Said commission may, when it seems to them ad- 
visable, close any portion of any of the reserves against 
the removal of oysters for any period of time, not longer 



52 State of Washington 

than two years at one time: Provided, That such closed 
periods may be thereafter renewed, from time to time, not 
exceeding in all four years, by the commission. 

5. To care for and protect all reserves and to reseed 
and replant such as are in need of seed. 

6. To employ such patrolmen and deputies as may be 
necessary for the protection of oyster reserves and to col- 
lect licenses and payment for seed oysters and to define 
their duties. (Laws 1903, p. 341, §5). 

109. Not to Be Sold or Leased. 

The tide lands within all oyster reserves established 
and surveyed and platted by said State Oyster Commission 
shall be forever reserved from sale or lease. (Laws 1903, 
p. 341, §6). 

110. License to Take Oysters. , 

Any person, persons or corporation may secure a license 
from the State Oyster Commission to take from the oyster 
land reserves oysters to be used for seed purposes only, 
and upon the terms and conditions hereinafter provided 
for. (L. '03, sec. 7, p. 341). 

111. License to Specify Time for Taking Seed. 

No license shall be granted to take seed from any oyster 
land reserve except between the first day of April and the 
fifteenth day of June of each year, and at no time before 
five o'clock in the morning, or after eight o'clock in the 
evening; and no person, persons or corporation shall take 
from the state oyster land reserves an amount of oysters 
to exceed five hundred sacks to each acre prepared for 
seeding, and all seed taken from the state's oyster land 
reserves under the provisions of this act must be used 
upon the lands situated in the State of Washington and 
described in the application for license. Any person, com- 
pan3^ or corporation desiring to take oysters from the 
state's oyster land reserves for the purpose of seeding his, 
her or their oyster beds, may make application to the State 



Fish, Oyster and Game Laws 53 

Oyster Commission for a license so to do, said application 
to be made upon forms to be provided by said State Oyster 
Commission in substance as follows: It shall show the 
date when made; the name of the person, company or cor- 
poration making the same; a description of the land upon 
which the oysters are to be placed, said description of land 
to show the county, township, name of bay or inlet where 
land is located; state the amount of land prepared for seed- 
ing, and how prepared; whether the same is diked or not; 
whether it is hard ground or mud ground; whether any 
crust or shell, sand or other substance has been formed to 
protect the seed oysters. The applicant must state in ap- 
plication the number of sacks of oysters desired to be 
taken under the license, which amount must not exceed 
five hundred sacks per acre for all ground property pre- 
pared to receive them. Where the applicant desires the 
license to be made in the name of any other person than 
himself or themselves or his or their agent, he shall so 
state. And no person, firm or corporation shall take 
oysters from any of the reserves in this state without first 
having procured a license so to do. The applicant must 
agree to pay to the State Oyster Commission, under such 
rules as they may prescribe, the sum of twenty-five cents 
per sack on Puget Sound and ten cents per sack in all 
other places for all oysters taken under the license and 
in all other things to comply with the rules and regula- 
tions governing the taking of oysters from the oyster land 
reserves as set forth in the license; and that all oysters 
taken in pursuance of the license shall be put on the 
ground described in the application. Every applicant shall 
declare upon oath or affirmation that the application is 
made in good faith, and that all things stated therein are 
true. (Laws 1903, p. 342, §8). 

112. Granting of License. 

When the application is made to the State Oyster Com- 
mission for permission to take oysters from the state 



54 State of Washington 

oj'Ster land reserves, and such application is made accord- 
ing to the provisions of this act, the said commission shall 
grant such applicant a license to go upon any of the state's 
oyster land reserves that are not closed to operation, and 
take therefrom oysters for the use set forth in the applica- 
tion and for no other. Said license shall contain the privi- 
leges and prohibitions provided for in this act, and such 
rules and regulations as may have been adopted by the 
commission for the regulation of the business of taking 
oysters from the oyster land reserves. (Lavi^s 1903, p. 343, 
§9). 

113. Definition of Word "Sack." 

Whenever the word sack is used in this act it shall be 
considered to mean a quantity equal in weight to one hun- 
dred and twenty pounds. (Laws 1903, p. 343, §10). 

114. License Fee. 

Every person applying for a license under the provi- 
sions of this act shall pay to the State Oyster Commission 
five dollars before the license shall be issued. (Laws 1903, 
p. 343, §11). 

115. Oyster Fund. 

There hereby is created a fund to be known as the 
oyster fund, and all moneys received from the disposal of 
seed oysters on the reserves or any part thereof or any 
of the products thereof, or for license to operate thereon 
and appropriation herein made shall go into this fund, and 
all expense incurred on account of the state oyster land 
reserves shall be paid from this fund, by warrants drawn 
upon the funds in the same manner as is pursued in other 
state funds. (Laws 1903, p. 343, §12). 

116. Penalty for Violations. 

If any person or persons shall take oysters from any 
of the state oyster land reserves contrary to the provisions 
of this act, or shall go upon said reserves and rake up, 



Fish, Oyster and Game Laxcs 55 

or otherwise prepare oysters to facilitate the taking of 
same, shall be guilty of a misdemeanor and upon convic- 
tion thereof shall be fined in a sum not less than one hun- 
dred dollars, and imprisonment for a term of not more 
than one year, and forfeit any license he or she may then 
hold. (Laws 1903, p. 343, §13). 

117. Appropriation. 

For the purpose of carrying out the provisions of this 
act, the sum of five thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated from the 
general fund of the state into the oyster fund: Provided, 
however, That within two years from the date of the pas- 
sage of this act, the amount hereby appropriated shall be 
reimbursed by the oyster fund to the general fund, and 
thereafter fifty per cent, of the amount received for licenses 
and receipts for seed shall be paid into the state general 
fund. (Laws 1903, p. 344, §14). 

118. Emergency. 

An emergency exists and this act shall take effect Im- 
mediately. (Laws 1903, p. 344, §15). 

HOW OYSTER LANDS ARE ACQUIRED. 



119. Acquisition of Lands for Planting — Survey, Etc. 

It shall be lawful for any person who is entitled to 
purchase tide lands pursuant to the act of March twenty- 
sixth, eighteen hundred and ninety, as being an occupant 
of land ijlanted with oysters, to survey or cause to be sur- 
veyed at his own expense, the land that pursuant to said 
act he is entitled to purchase, not exceeding one hundred 
acres in area: Provided, That the party making applica- 
tion to purchase under the provisions of this article shall 
accompany such application with a certificate under oath 
to the effect that the lands purchased under the provisions 
of this article shall be used for oyster planting purposes 



56 State of Washington 

only. Survey and description in duplicate of such tract 
shall be subject to the direction, oversight and approval of 
the Board of State Land Commissioners, and one descrip- 
tion of said tract as surveyed shall be filed with and be 
recorded by the county auditor of the county in which said 
tide lands are situated, in a book kept by him for such 
special purpose, and a duplicate description in the office 
of the Commissioner of Public Lands. (Laws 1895, p. 36, 
§§1-2; 1 Bal. C, §2235; P. C, §§6836-6837). 

120. Price Per Acre — Survey Lines of. 

The survey of lands, as provided in the foregoing sec- 
tion of this article, may not be required to follow the lines 
of United States government survey, but may follow the 
direction of the oyster beds actually occupied by the party 
proposing to purchase the same; the persons entitled to 
purchase such oyster beds under the provisions of this 
article may purchase the same at the rate of one dollar 
and twenty-five cents per acre, one-fourth of which price 
shall be paid at the time of making such purx;hase, and 
the remaining three-fourths in three equal annual payments, 
each of which sums shall draw interest at the rate of eight 
per cent, per annum, the unpaid portions remaining as a 
lien upon said land until all payments shall be made in 
full, and the purchaser shall thereupon be entitled to a 
deed of the same. Said deed shall be executed by the 
Governor, attested by the Secretary of State with the se&l 
of the state thereto attached, which deed shall contain 
the conditions of defeasance in this article provided. (Laws 
1895, p. 36, §3: Bal. C, §2236; P. C. §6838). 

12L Prior Right of Actual Occupant— 7Application to Pur- 
chase. 

Any person having the right to purchase such tide lands 
as provided by this article, and being an actual occupant 
of the same, shall have the jirior right to purchase for a 
period of six months from and after the passage of this 



Fish, Oyster and Game Laws 57 

act and its being signed and approved by the Governor. 
Upon the filing of a description of the survey of such land, 
as provided for by the foregoing sections of this article, 
the person or persons having occupied or desiring to oc- 
cupy such lands as described in paragraph 117, may file 
with the Commissioner of Public Lands an application to 
purchase such lands, together with a description of the 
lands applied for, by metes and bounds, and upon the re- 
ceipt of the same the Commissioner of Public Lands shall, 
at the expense of the applicant, publish or cause to be pub- 
lished, for three successive weeks in any newspaper of 
general circulation printed and published in the county 
where such lands are situated, a notice of such application 
to purchase, giving therein a description of lands applied 
for. During the next thirty days following the last pub- 
lication of said notice, any person claiming a prior right 
to purchase such tide lands may file with -the Commissioner 
of Public Lands a contest for the purpose of establishing 
a prior right to purchase, or, upon petition of ten citizens 
who shall be residents of the county wherein such contest 
shall be upon the right of applicant to purchase, as pro- 
vided in the foregoing sections of this article. If the party 
making contest shall fail to establish a prior right to pur- 
chase, said party shall be liable for the costs resulting 
direct from such contest, except private attorney fees, and 
the sum of such cost shall be paid by such contestant into 
the state treasury department, and, upon such payment 
being made, shall be entitled to a receipt for the same. 
(Laws 1895, p. 37, §§4, 5; 1 Bal. C, §2237; P. C. §§6839- 
6840). 

122. Construction. 

This act shall in no manner apply to the provisions of 
the act of March twenty-sixth, eighteen hundred and ninety, 
providing for the appraisal and disposition of tide and 
shore lands in the State of Washington, except as far as 
it relates to lands actually- used or to be used for the pur- 



58 State of Washington 

pose of oyster planting. (Laws 1895, p. 38, §6; 1 Bal. C, 
§2238; P. C, §6841). 

123. Right to Purchase. 

Any ijei'son desiring to purchase tide lands for the pur- 
poses of oyster planting rriay purchase tide lands of the 
third class not included in any natural oyster beds or any 
reserve pursuant to the provisions of this article, iu sub- 
ordination of any pre-emption right confirmed by said act 
of March twenty-sixth, eighteen hundred and ninety. Noth- 
ing in this article shall be construed so as to effect [affect] 
the preference right of shore or upland owners or im- 
provers, as conferred by the provisions of said act or other 
provisions of law. (Laws 1895, p. 38, § 7; 1 Bal. C, § 2239; 
P. C, §6842). 

124. Persons Authorized to Purchase — Abandonment. 

No person shall be entitled, directly or indirectly, to 
the privileges of this article who is not an actual resident 
and citizen of the United States and State of Washington, 
and no person not a citizen of the State of Washington 
shall be competent to acquire deeds to any lands sold by 
the state under the provisions of this article: Provided, 
That any citizen of the United States and not a citizen of 
the State of Washington, or any corporation organized 
under the laws of any other state other than the State 
of Washington, that has planted and cultivated and planted 
in oysters any tract or tracts or parcels of such lands for 
the period of five years next preceding January first, eigh- 
teen hundred and ninety-five, shall have the exclusive right 
to purchase such tract or tracts or parcels of land so 
planted and cultivated as aforesaid, but not exceeding one 
hundred acres in the aggregate, such prior right to be 
within six months after the approval of this act. And 
failure to make application to purchase said lands within 
six months by such person or corporation shall forfeit the 
right hereby granted to such person or corporation to pur- 



Fish, Oyster and Game Lazes 59 

chase any such lands. If from any cause any tract or 
tracts or parcel or parcels of land purchased under the 
provisions of this article shall become unfit and valueless 
for the purpose of oyster planting, the party having so 
purchased and being in possession of the same may, upon 
certifying such facts under oath to the Commissioner of 
Public Lands and to the auditor of the county wherein such 
lands are situated, and also upon filing under oath a cer- 
tificate of abandonment of such tract or tracts, parcel or 
parcels of land, in the office of each of said officials, such 
party shall then be entitled to again make purchase as 
hereinbefore provided; or if said land be used by the pur- 
chaser or any successors in interest of such purchaser in 
whole or in part for other than the purposes specified in 
this article, then upon application by any citizen to the 
State Land Commissioner such sale may be canceled, and 
the said land shall revert to the state and shall be subject 
to sale as herein provided, but not to such defaulting pur- 
chaser or such defaulting successor in interest. (Laws 
1895, p. 38, S§8, 9; 1 Bal. C, §2240; P. C, §§6843-6844). 

125. Construction. 

The provisions of this article shall not apply to such 
lands as have already been surveyed, appraised and platted. 
(Laws 1895, p. 39, §10; 1 Bal. C, §2241; P. C, §6845). 

SALE OF OYSTER LAND. 



126. Rights to Purchase. 

All persons having the qualifications provided by law 
to enable them to purchase tide lands within the State of 
Washington, and who prior to March 26, 1890, in good faith 
entered upon tide lands not in front of any incorporated 
city or town, nor within two miles thereof on either side, 
and planted and cultivated thereon artificial oyster beds, 
and who continued to occupy and work the same continu- 



60 State of Washington 

ously and in good faith to March 26, 1890, and ever since 
said date, and who are now in possession of alid working 
said oyster beds in good faith, shall be permitted to pur- 
chase the same for the purpose of cultivating oysters there- 
on, and for no other purpose, whether said tracts were orig- 
inally covered by alleged natural oyster beds or not; and 
where, notwithstanding such prior occupancy and cultiva- 
tion, any tract or tracts so occupied prior to March 26, 
1890, shall since such date have been reserved from sale 
or lease as natural oyster beds, the person or persons or 
their assigns who planted, occupied and cultivated such 
JM'tificial beds, may, by complying with provisions of law 
touching the sale of artificial oyster beds and paying the 
value thereof fixed by the State of Washington, be and 
they are hereby entitled to receive a deed, subject to all 
the provisions of this article, to such tract or tracts not 
exceeding in area forty acres to any one person, as they 
so in good faith improved as such artificial oyster beds 
prior to March 26, 1890. (Laws 1895, p. 39, §1; 1 Bal. 
C, §2242; P. C, § 6834). 

127. Conditional Reversion to the State. 

It shall be expressly provided in the deed of conveyance 
of any such oyster bed, and the tide land covered thereby, 
that said land, at the time of conveyance, is not in front 
of any incorporated city or town, nor within two miles 
thereof on either side and that the said land is not now 
used for purposes of trade or commerce; that if at any 
time after the granting of said deed the land described 
therein shall cause [cease] to be used for the purpose of an 
artificial oyster bed, it shall thereupon revert to, and be- 
come the property of the State of Washington, and that the 
same is conveyed to the grantee only for the purpose of cul- 
tivating oysters thereon, and the State of Washington here- 
by reserves the right to enter upon and take possession of 
said tract or tracts if at any time the same is used for any 
other purpose than the cultivation of oysters; and the State 



Fish, Oyster and Game Lazes 61 

of Washington reserves the further right to enter upon 
and take possession of any tide lands sold under the pro- 
visions of this and the last section, at any time when it 
desires, upon paying to the then owner or occupant the 
original purchase price of the lands, together with the value 
of the improvements erected thereon, the then value of 
his artificial oyster beds and improvements erected there- 
on, in connection with the carrying on of the raising and 
propagation of oysters by artificial cultivation. (Laws 
1895, p. 40, §2; 1 Bal. C, §2243; P. C, §6835). 

128. Survey, Classification, Appraisement of Oyster Seeds 
in Jefferson County, Etc. 

The state oyster commission is hereby authorized and 
directed to cause a re-survey and appraisement of the state 
oyster land reserves of Jefferson county, and to file plats 
thereof in the manner now provided by law, and to indicate 
thereupon all such portions thereof as are natural oyster 
beds, which shall be classified as first class. 

That after the survey and filing of the plat as herein- 
before provided for, and upon application of any person or 
persons, for. purchase of any portion of the said land, other 
than first class, the said state oyster commission shall 
cause notice thereof to be given in the manner now pro- 
vided by law for the sale of other tide lands, and at the 
time and place designated in said notice, shall proceed to 
sell the same at public auction, to the highest bidder, the 
same not to be sold at less than the appraised value: Pro- 
vided, That no more than fifty acres shall be sold to any 
one individual or corporation: And provided further, That 
payment may be made for said land in cash or upon the 
following terms, to-wit: One-tenth cash to be paid at time 
of sale, and the balance of the purchase price in deferred 
payments of nine equal annual payments, with interest on 
all deferred payments, at the rate of six per cent, per 
annum. 



62 State of Washington 

Nothing in this act contained shall change, modify or 
repeal any existing provisions of the general law relating 
to the sale and use of tide lands for the culture of oysters 
or other shell fish, but shall be additional thereto and con- 
current therewith, and all sales of tide lands made here- 
under for the purpose of the culture of oysters or other 
shell fish shall be subject to like conditions and revisions 
prescribed by existing laws for similar lands sold for like 
purposes. 

For the purpose of carrying out the provisions of this 
act, the sum of $2,000, or so much thereof as may be neces- 
sary is hereby appropriated from the general fund of the 
state: Provided, however, That from the proceeds of the 
sale of any such lands, the amount appropriated or so much 
thereof as may be used for the purpose hereinbefore pro- 
vided, shall be reimbursed to the state general fund, and 
thereafter fifty per cent, of the amount received from the 
sales of any such lands shall be paid into the state general 
fund and fifty per cent, shall be paid into a fund used for 
the improvement, protection and supervision of the state 
oyster reserves. (Chapter 208, Laws 1907). 

OYSTER BEDS— PROPAGATION AND GATHERING OF 
OYSTERS. 



129. Acquisition by Discovery of Oyster Beds. 

Any person or persons, being a citizen or citizens of 
the United States, who shall discover any bed or beds of 
oysters in any bay or arm of the sea bordering upon this 
state, that has not been before discovered, shall, by right 
of said discovery, be entitled to the exclusive right or privi- 
lege of gathering or dredging oysters on said bed or beds 
for the term of five years. The person or persons making 
such discovery, who desires to avail himself of the rights 
and privileges hereby granted, shall be required to desig- 
nate the place and area of the bed or beds so discovered, 



Fish, Oyster and Game Laws 63 

with stakes or other artificial marks, and shall make affi- 
davit before the county auditor of the county in which such 
discovery has been made that he located the premises so 
discovered, accompanied by a description and diagram of 
the same, which shall be filed in the office of said county 
auditor: Provided, That the restriction and protection of 
the discoveries shall be ten acres. (1 Bal. C, § 3362; P. 
C, §1830). 

130. Penalty for Gathering Oysters From Bed Located by 

Another. 
It shall not be lawful for any person to gather oysters 
by any means on any beds located in accordance with the 
preceding section, except at the option and by the permis- 
sion of the party or parties holding the same, under a 
penalty of five hundred dollars fine for so offending, or 
imprisonment, to be recovered in a civil action, to be 
brought in the name of the state. (1 Bal. C, §3363; P. C, 
§1831). 

131. Time Allowed in Which to Remove Oyster Beds. 
Any person who has prior to the twenty-sixth day of 

March, Anno Domini eighteen hundred and ninety, planted 
oyster beds upon any of the tide or shore lands of this 
state, shall be granted a period of not less than six months 
and not more than three years after said land has been 
sold by the state, to remove the same, the time to be 
determined by the Commissioner of Public Lands. And 
any person shall have the exclusive possession of said tide 
or shore lands during the time that he has to remove the 
said oysters under the provisions of this act: Provided, 
That in case any planter of oysters shall fail within the 
time allotted to remove the said oysters, he shall be deemed 
to forfeit the same to the purchaser or owner of said lands: 
Provided, That this shall not apply to tide lands within two 
miles of an incorporated city. (Laws 1891; J Bal C. 
§3364; P. C, § 6849). 



64 State of Washington 

132. Word "Person" Construed. 

Whenever the word "person" is used in this act, it 
shall be deemed to mean person, persons, firm or corpora- 
tion. (Laws 1891; 1 Bal. C, §3365; P. C, §6850). 

133. Planter's Rights. 

When any person has, acting in good faith, planted 
oysters on any tide or shore lands not containing any bed 
of natural oysters belonging to the State of Washington, 
and not otherwise occupied for purposes of trade or com- 
merce, such oysters shall, pending the sale, lease or reser- 
vation of such lands by the state, be considered as per- 
sonal property, and the unauthorized taking of the same 
shall subject the offender to civil and criminal prosecution 
as in any similar case of violation of property rights: Pro- 
vided, That the grounds holding the oysters have been kept 
suitably marked by stakes or other landmarks; but such 
stakes or other landmarks having been removed by acci- 
dent or design shall not excuse any person from wrong- 
fully taking the oysters thereby marked if he knew the 
grounds to have been planted with oysters. (Laws 1895, 
p. 46, §1; l^Bal. C, §3366; P. C, §6851). 

134. Deep-Water Planting. 

When any person has, acting in good faith, planted 
oysters on any grounds lying deeper than the level of the 
water, said grounds being under the jurisdiction of the 
State of Washington, and not otherwise occupied for the 
purpose of trade or commerce, such oysters shall, pending 
the sale, lease or reservation of such lands by the State 
of Washington, be considered as personal property, and the 
unauthorized taking of the same shall subject the offender 
to civil and criminal prosecution as in any similar case of 
violation of property rights: Provided, That the grounds 
holding the oysters have been kept suitably marked by 
stakes or other landmarks, but such stakes or other land- 
marks having been removed by accident or design shall 



Fish, Oyster and Game Laws 65 

not excuse any person for wrongfully taking the oysters 
thereby marked if he knew the grounds to have been 
planted with oysters. (Laws 1895, p. 46, §3; 1 Bal. C, 
§3367; P. C, §6852). 

135. This Article Confers No Right to Purchase. 
Nothing in this article shall be construed as giving any 

prior or exclusive right of purchase or lease from the State 
of Washington of any shore and tide land or deeper lands 
when the same may or shall be disposed of by the state 
or offered by the state for sale or lease, nor shall it be 
construed as in any way removing, diminishing or affect- 
ing any such rights heretofore provided for by an act, or 
hereafter to be provided for by an act; neither shall this 
article be in any way amendatory to an act entitled "An 
act to protect persons who have planted oysters upon tide 
and shore lands prior to March twenty-sixth, eighteen hun- 
dred and ninety." (Laws 1895, p. 47, § 3; 1 Bal. C, § 3368; 
P. C, §6853). 

136. Penalty for Removing Oysters. 

Any person who shall, without due authority, remove 
oysters belonging to any other person, either from plant 
beds or cull beds, or from any boat or water craft, or from 
any float or crate, shall be subject on conviction to a fine 
of not less than one hundred dollars nor more than one 
thousand dollars, one-half of the fine to be paid to the in- 
former, and, at the discretion of the court, to imprison* 
ment for not less than six months nor more than three 
years; but if the offense be committed later than one hour 
after sunset or earlier than one hour before sunrise, the 
minimum penalty shall be a fine of two hundred and fifty 
dollars, and imprisonment. The penalties provided in this 
section shall not prevent the recovery by the injured party 
in civil action of damages for any unlawful removing of 
oysters. (Laws 1895, p. 47, §4; 1 Bal. C, §3369; P. C, 
§6854). 

— 5 



66 State of Washington 

137. Evidence, How Secured. 

In any trial for violation of the provisions of this article, 
if the accused be found having in his possession oysters 
for which he cannot account, or for which he gives an 
account which is shown by evidence to be false, that fact 
shall be sufficient evidence to secure conviction, but the 
court trying the case may not convict on such evidence 
when in its judgment it would lead to a verdict doing in- 
justice to the accused. (Laws 1895, p. 48, § 5; 1 Bal. C, 
§3370; P. C, §6855). 

138. Providing for the Return of Small Oysters to Beds. 
It shall not be lawful for any person to destroy oysters 

taken from their natural beds, by assorting or culling them 
on land or shore, and leaving the small oysters there to 
die; but in all cases the small oysters shall be returned 
to their natural beds or private beds for cultivation; and if 
any person shall offend against the provisions of this sec- 
tion, or in any way wantonly destroy the small oysters, he 
shall, on conviction thereof, be liable to a fine for each 
offense, or imprisonment [as prescribed] in the next suc- 
ceeding section. (1 Bal. C, § 3371; P. C, §1829). 

139. Dredging Is Unlawful. 

It shall not be lawful to dredge for the purpose of taking 
oysters from the natural oyster beds in the waters of and 
within the state of Washington, except under the super- 
vision of the state or United States government for experi- 
mental or scientific purposes. (Laws 1895, p. 24, §1; 1 
Bal. C, §3373; P. C. §6872^. 

140. Penalty. 

Any person violating any of the provisions of the last 
preceding section shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined in any sum not less 
than fifty dollars nor more than one hundred dollars, or be 
confined to the county jail for a period not less than ten 



Fish, Oyster and Game Laws 67 

nor morie than sixty days, or both fined and imprisoned, 
at the discretion of the court. (Laws 1895, p. 24, § 2; 1 Bal. 
C, §3374; P. C, §6873). 

141. Legal Period for Gathering Oysters. 

Ifr shall be unlawful to gather oysters or to remove 
them from any natural oyster bed or natural oyster bed 
reserve in any of the rivers, bays or waters of the State 
of Washington at any time from the fifteenth day of June 
to the fifteenth day of March following and inclusive, of 
each year, except under the supervision of the Fish Com- 
missioner of the State of Washington, or of the United 
States, for the purpose of propagation, experimental or 
other scientific purposes: Provided, That nothing in this 
section shall be construed to interfere with the provisions 
of section 3362 of Ballinger's Annotated Codes and Statutes 
of Washington, being section 1198 of the Code of 1881. 
(Laws 1899, p. 270, §1; P. C, §6870). 

142. Penalty. 

Any person violating any of the provisions of paragraph 
140 shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, be fined in any sum not less than twen- 
ty-five dollars nor more than one hundred dollars, or be 
imprisoned in the county jail for a period of not less than 
ten days nor more than .sixty days, or to be both fined and 
imprisoned, at the discretion of the court. (Laws 1895, 
p. 50, §2; 1 Bal. C, §3376; P. C, §6871). 

143. Unlawful to Dredge for Eastern Oysters — Penalty. 

It shall be unlawful to dredge for or take any oysters 
of the species known as eastern oysters from the waters 
of this state for a period of five years from the passage 
of this act except such oysters as may be outside any res- 
ervation legally established. Any person violating any of 
the provisions of this section shall be deemed guilty of a 
misdemeanor and upon conviction thereof be fined in a sum 



68 State of Washington 

not less than twenty dollars nor more than one hundred 
dollars: Provided, That this section shall not apply to 
the State Fish Commissioner or any deputy sent by the 
United States Fish Commissioner for the purpose of ex- 
amination. (Laws 1895, p. 33, § 1; 2 Bal. C, § 7396; P. C, 
§6869). • ' 

144. Lands May Be Leased for Oyster Beds. 

All lands In the waters of the State of Washington lying 
below extreme low tide, not covered by natural oyster beds, 
and not in front of any incorporated city or town, nor with- 
in two miles on either side thereof shall be subject to lease, 
for the purpose of planting and cultivating thereon artificial 
oyster beds, under the provisions of this act. (Laws 1899, 
p. 272, §1; P. C, §6856). 

145. Prior Right to Lease. 

All persons who, prior to the passage of this act, in 
good faith entered upon lands not in front of any in- 
corporated city or town, nor within two miles thereof on 
either side, and planted and cultivated thereon artificial 
oyster beds, and who continue to occupy and work the 
same, and who are now in possession of and working said 
oyster beds in good faith, shall have the prior right to 
lease for a period of six months from and after the passage 
of this act. (Laws 1899, p. 273, §2; P. C, §6857). 

146. Applications for Lease, How Made. 
Applications for lease of land for the cultivation of deep 

sea oysters under the provisions of this act shall be made 
to the Commissioner of Public Lands and shall be accom- 
panied by a map or plat of the lands so to be leased. The 
Commissioner of Public Lands shall, upon receipt of such 
application, direct the Fish Commissioner to immediately 
inspect the lands applied for and report to the Commis- 
sioner of Public Lands his findings as to the following 
facts: 



Fish, Oyster and Game Laxvs 69 

First. Whether the land or any portion thereof is a 
natural oyster bed. 

Second. Whether it be necessary in order to secure 
adequate protection to any natural oyster bed to retain 
to the public domain the land the application for the lease 
of which has been made or any part thereof. 

Third. Whether the land or any portion thereof having 
been a natural oyster bed within ten years past, may 
reasonably be expected to again become such within ten 
years in the future. (Laws 1899, p. 273, § 3; P. C, § 6858). 

147. Terms of Lease — Rental — New Application, Etc. 

In case all of the above three questions be answered 
negatively, the Commissioner of Public Lands shall im- 
mediately issue to the applicant therefor a lease for the 
term of twenty (20) years of the lands so applied for at an 
annual rental of twenty five cents per acre. Should the . 
Fish Commissioner answer one or more of the above three 
questions affirmatively, the Commissioner of Public Lands 
shall investigate the matter at a public hearing in the 
county where the lands in question are situated. Due 
notice of such hearing shall be given by said Land Com- 
missioner by publishing a notice to that effect in some 
paper of general circulation in the county, at the expense 
of the applicant, not less than one week and not more than 
four weeks before the date of hearing. Unless at such 
hearing it be conclusively shown to the Commissioner of 
Public Lands that in the matter at issue the Fish Com- 
missioner was in error, he shall refuse to lease such lands 
or such portion thereof as may be determined by the fore- 
going restrictions. Application for the lease of lands thus 
withheld may not be made again within six years, except 
that the person last making application may repeat the 
application during the three months next preceding the 
expiration of the six years. (Laws 1899, p. 273, §4; P. 
C, §6859). 



70 State of Washington 

148. Application Must Describe Location. 

All applications for the lease of oyster lands under this 
act shall, in addition to the surveyor's description by metes 
and bounds, make description in such local geography as 
shall suffice to convey a knowledge of its location with 
reasonable accuracy to persons acquainted with the vi- 
cinity. (Laws 1899, p. 274, §5; P. C, §6860). 

149. Lease Not to Exceed Forty Acres — Affidavit. 

All applications for lease of oyster lands under the pro- 
visions of this act shall be for an area not to exceed forty 
acres to any one person, and such application shall be 
accompanied by an affidavit under oath that the party mak- 
ing such application leases said lands for the purpose of 
oyster culture only. (Laws 1899, p. 274, § 6; P. C, § 6861). 

150. Conditions of Lease — Forfeiture. 

It shall be expressly provided in the lease of any such 
oyster land that if at any time after the granting of said 
lease the lands described therein shall cease to be used 
for the purpose of an artificial oyster bed, it shall there- 
upon revert to and become the property of the State of 
Washington, and that the same is leased to the lessee 
only for the purposes of cultivating oysters thereon, and 
the State of Washington hereby reserves the right to enter 
upon and take possession of said tract or tracts, if at any 
time the same is issued for any other purpose than the 
cultivation of oysters. (Laws 1899, p. 274, § 7; P. C, § 6862). 

151. Not to Affect Existing Laws. 

This act shall in no manner apply to the provisions of 
any act heretofore enacted by the legislature of the State 
of Washington providing for sale of tide and shore lands 
for the purpose of oyster planting and the manner of tak- 
ing oysters from said tide land beds. (Laws 1899, p. 275, 
§8; P. C, §6863). 



Fish, Oyster and Game Laws 71 

152. Survey and Description to Be Recorded, Etc. 
Survey and description of all tracts applied for shall 

be in duplicate, one of which shall be filed with and be 
recorded by the county auditor of the county in which said 
lands are situated in a book kept by himself for such 
special purpose, and a duplicate description in the office of 
the Commissioner of Public Lands. (Laws 1899, p. 275, § 9; 
P. C, §6864). 

153. Abandonment of Lease — Entitled fo Lease Other 

Land, When. 
If from any cause any tract or tracts, parcel or parcels 
of land leased under the provisions of this act shall become 
unfit and valueless for the purpose of oyster culture, the 
party having so leased or being in possession of the same 
may upon such fact under oath to the Commissioner of 
Public Lands and to the auditor of the county wherein 
such lands are situated, also upon filing under oath a cer- 
tificate of abandonment of such tract or tracts, parcel or 
parcels of land in the office of each of said officials, such 
party shall then be entitled to lease other lands as herein- 
before provided. (Laws 1899, p. 275, §10; P. C, §6865). 

154. Fish Commissioner IVIay Dredge for Purpose of Dis- 

covery — May Permit Others. 
The Fish Commissioner of the State of Washington may 
and he is hereby authorized to dredge or permit others to 
dredge in all the waters of the State of Washington for 
the purpose of discovering whether any particular waters, 
not already reserved, leased or appropriated under existing 
laws or the provisions of this act, contain oysters in a 
natural state, and regulate the taking thereof, under such 
rules as the Fish Commissioner may prescribe. (Laws 
1899, p. 275, §11; P. C, §6866). 

155. Eastern Oyster Experiments. 

The Fish Commissioner shall establish experiment sta- 
tions in the waters of Willapa Harbor and Puget Sound, 



72 State of Washington 

and procure eastern oyster plants for the purpose of test- 
ing the feasibility of propagating eastern oysters in the 
waters of this state. (P. C, § 6867). 

156. Help for Fish Commissioner. 

The Fish Commissioner is hereby authorized to employ 
suitable help for the prosecution of this work. (P. C, 
§6868). 

1j57. Natural Oysters, How Lawfully Gathered. 

It shall at all times be unlawful to gather with any tool 
or implement, or in any way whatever, any oysters from 
any natural oyster bed, except the person so gathering 
shall be on and working from a boat or water craft of some 
kind, said water craft being afloat during the time he is 
gathering. Any person violating any provisions of this 
section shall, on conviction thereof, be fined in any sum not 
less than $100 nor more than $400, and, at the discretion 
of the court, be imprisoned in the county jail not less than 
two months nor more than six months, one-half the afore- 
said fine to be paid by the state to the informer. (Laws 
1897, p. 304, § 22; 1 Bal. C, § 3372; P. C, § 6833). 

158. Unlawful to Use Garden Rake, Etc. 

It shall at all times and places be unlawful, in gather- 
ing oystfrs from any natural bed of oysters, to use a com- 
mon garden rake or any instrument of similar construction 
and operation. (Laws 189.5, p. 48, §2; P. C, §6874). 

159. Gathering by Hand. 

Nothing in this act shall apply to gathering oysters by 
the hand, using no implement or tool for gathering pur- 
poses. (Laws 189.5, p. 49, §3; P. C, §6875). 

160. Penalty. 

Any person violating any provisions of the two preced- 
ing sections shall, on conviction thereof, be fined in any 
sum not less than one hundred dollars ($100) nor more 
than four hundred dollars ($400), and, at the discretion of 
the court, shall also be imprisoned in the county jail not 



Fish, Oyster and Game Laws 73 

less than two months (2), nor more than six months (6); 
one-half of the aforesaid fine to be paid by the state to the 
informer. (Laws 1895, p. 49, §4; P. C, §6876). 

RULES GOVERNING THE DREDGING OF OYSTERS. 

Pursuant to section 152, the following rules and regula- 
tions have been adopted by the Fish Commissioner govern- 
ing the dredging for oysters as above stated: 

Rule 1. No dredging for oysters shall be done in any 
of the waters of the State of Washington of a depth less 
than 18 feet at mean low tide. 

Rule 2. All dredging for oysters within the waters 
above stated shall be done between the hours of 6 o'clock 
In the forenoon and 6 o'clock in the afternoon of each day. 

Rule 3. No person shall use steam, electricity or any 
other mechanical or artificial force or power to operate 
any dredging appliances unless specifically so stated in 
any permit issued under above law and these rules and 
regulations. 

Rule 4. Any person desiring to operate a dredge under 
the provisions of this law and these regulations shall apply 
to the Fish Commissioner for a permit so to do, on blanks 
to be furnished by the Fish Commissioner, and shall state 
with reasonable certainty the locality in which said dredge 
or dredges are to be operated. 

Upon application, as above stated, by any person, a 
permit will be issued by the Fish Commissioner for said 
dredges for the purpose of taking oysters as provided by 
law, which shall entitle the holder to operate said dredge 
for the period of one year in the waters of this state where- 
in such appliance is not prohibited by law. 

A fee of $2.50 will be charged for the issuing of above 
permit for each and every dredge operated. All permits 
under foregoing law and regulations shall be subject to any 
future regulations that may be adopted by the Fish Com- 
missioner to govern the operation of said dredges. 



74 State of Washington 

CLAMS. 



161. Taking or Digging Cfams for Canning or Safe. 
That "An act relating to the protection of clams, pro- 
viding penalties for its violation, and declaring an emer- 
gency," approved March 11th, 1905, being section 6811 of 
Pierce's Washington Code, 1905, be and is hereby amended 
to read as follows: It shall not be lawful for any person 
or persons, firm or corporation, or any person whatsoever, 
to take, or dig clams from the sands on the ocean beach 
of the Pacific ocean, in the State of Washington, or to have 
in their possession after the same have been taken, for the 
purpose of canning or for the purpose of sale, between the 
1st day of June, and the 31st day of August, of each year. 
(Chapter 154, Laws 1907. An emergency). 

162. Penalty. 

Any person violating the provisions of this act shall be 
guilty of a misdemeanor aijd subject to a fine of not less 
than ten ($10) dollars nor more than five hundred ($500) 
dollars, for the first offense, and double said amount for 
each conviction thereafter: Provided, It is not the intent 
of this act to prohibit the digging of said clams for one's 
own use, but to prohibit the digging for sale and canning 
purposes during the months hereinbefore set out. (Laws 
1905. Approved March 11. Emergency clause). 

163. Clams, Oysters and Shell Fish — Sale of. When Pro- 

hibited. 

No person, firm or corporation shall within this state 
sell, offer for sale or have in his possession any clams, 
oysters or any other shell fish which have been opened or 
taken out of the shell for a period of more than four days, 
unless the same were previously canned and kept in a 
chilled condition. 

No person, firm or corporation shall within this state, 
place in cans, or can any clams, oysters or any other shell 



Fish, Oyster and Game Lazes 75 

fish which have been opened or taken out of the shell for 
a period of more than four days. 

No person, firm or corporation shall sell, offer for sale 
or keep for sale, within this state, any canned clams, 
oysters or other shell fish, which shall have been opened 
for a period of more than four days prior to the time the 
same were canned. 

No person, firm or corporation shall, within this state, 
sell, offer for sale, or have in his possession any clams, 
oysters or any other shell fish which shall or may be here- 
after shipped into this state, unless the said clams, oysters 
or other shell fish shall have been during the entire time 
consumed in the shipment kept in a chilled condition: 
Provided, That this act shall not apply to seed oysters for 
cultivation. 

Any person, firm or corporation violating any of the pro- 
visions of this act shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by imprisonment 
in the county jail of the county wherein the crime was com- 
mitted not less than ten days nor more than sixty days, 
or by a fine of not less than fifty dollars nor more than one 
hundred dollars. (Laws 1909, chap. 104). 



CRABS. 



164. Taking or Fishing for Crabs for Sale or Canning. 

That it shall not be lawful for any person or persons, 
firm or corporation, or any person whatsoever, to take or 
fish from any of the waters of the State of Washington, or 
have in their possession after the same has been taken, 
for the purpose of sale or canning, any crab during the 
months of July, August and September, of each year. 
(Laws 1905). 



76 State of Washington 

165. Crab Less Than Six Inches Across Back. 

It shall not be lawful for any person or persons, firm 
or corporation, to take or have in their possession, for the 
purpose of sale or canning, where it is lawful to sell and 
can same, any female or any male crab measuring less 
than six inches across its back. (Laws 1905). 

166. Penalty. 

Any person violating sections 157 or 158 of this code 
shall be deemed guilty of a misdemeanor and upon con- 
viction shall be fined in any sum not less than ten nor 
more than one hundred dollars. (Laws 1905). 

167. Use of Spear in Fishing for Crabs Prohibited. 

It shall be unlawful for any person or persons, firm or 
corporation, or any person whatever, to take, capture or 
remove from any of the waters of the State of Washing- 
ton, any crab by the use of a spear or other sharp instru- 
ment, whereby the shell of any said [crab] is broken or 
penetrated. 

Any person violating section one of this act shall be 
deemed guilty of a misdemeanor and upon conviction 
thereof shall be fined not to exceed twenty-five dollars. 
(Laws of 1909, chap. 113). 



GAME LAWS. 



168. Unlawful to Hunt Without License. 

It shall be unlawful for any person to hunt for, pursue, 
catch or kill any of the game animals or birds protected 
by the laws of this state during the open season when 
it is lawful to kill the same, without such person having 
in his possession at the time of such taking, catching or 
killing a license therefor, duly issued to him by the auditor 
of one of the counties of this state or by the State Auditor. 
The county auditor of each county in the State of Wash- 
ington upon the payment of one dollar by any resident of 
this state, or five dollars by any non-resident of this state, 
or fifty dollars by any non-resident alien, shall issue to 
such person a license, which said license shall entitle the 
holder to hunt for, take, catch or kill any of the game 
animals or birds protected by the laws of the State of 
Washington within the county where such license is is- 
sued, during the open season, when it is lawful to kill the 
same, for the term of one year, in any lawful manner; and 
the State Auditor, upon the payment of five dollars by any 
resident of this state, ten dollars by any non-resident 
alien, shall issue to such person a license, which said 
license shall entitle the holder to hunt for, take^, catch or 
kill any of the game animals or birds protected by the 
laws of the State of Washington, within the state, during 
the open season, when it is lawful to kill the same, for 
the term of one year, in any lawful manner. The county 
auditor shall pay to the county treasurer all such fees col- 
lected by him, to be placed in the game protection fund, 
to be used by the county commissioners for the propaga- 
tion and protection of game in said county, and the State 
Auditor shall pay to the State Treasurer all such fees col- 



78 State of Washington 

lected by him to be placed in the game protection and 
propagation fund. All fines collected under the provisions 
of this act shall be paid to the county treasurer of the 
county in which said fines are collected, and placed by him 
in the game protection fund. (Laws 1905). 

169. State Fund. 

There is hereby created a State Fund, which shall be 
used only for the protection and propagation of game ani- 
mals, game birds, and game fish in this state. (Laws 1905). 

170. Penalty. 

Any person violating any of the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, for each and every offense shall be subject 
to a fine of not less than ten dollars nor more than one 
hundred dollars, together with the costs of prosecution, or 
imprisonment in the county jail, where the offense is com- 
mitted, not less than five days, nor more than thirty days, 
or by both such fine and imprisonment, in the discretion 
of the court. (Laws 1905). 

171. Taking Game From State. 

Every non-resident or non-resident alien who shall have 
procured a license to hunt in this state, shall be entitled 
to take from the state all game animals killed by him, not 
to exceed the number of each of said game animals as Is 
allowed by law to be killed in any one year, and game 
birds killed by him not to exceed the number allowed by 
law to be killed by any one person in any one day; but 
before any person shall be entitled to take any such game 
out of this state he shall make an affidavit before a notary 
public or other officer having a seal, stating that the game 
to be so removed from the state was killed by him in a 
lawful manner, and that the said game is not being ex- 
ported for the purpose of sale. Such aflSdavit shall de- 
scribe said animals or birds and shall be attached to said 



Fish, Oyster and Game Laws 79 

animals or birds while in transit from the. state. (Laws 
1905. See §196). 

172. Deer or Caribou. 

Every person who shall within the State of Washington, 
at any time between the fifteenth day of December and 
the fifteenth day of September of the following year, hunt, 
pursue, take, kill, injure, destroy or possess any deer or 
caribou shall be guilty of a misdemeanor and upon convic- 
tion thereof shall be punished as hereinafter provided. 
And every person who shall within the State of Washing- 
ton during the season when it is lawful to kill the same, 
take or kill more than four deer, or who shall kill any 
spotted fawn, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished as hereinafter pro- 
vided. (I>aws 1903, p. 94, §1). 

173. Elk, Moose, Antelope, Etc. 

Every person who shall at any time within the State 
of Washington hunt, pursue, take, injure, or kill any 
female of the elk, moose, antelope, mountain sheep or 
mountain goat species, or any person who shall between 
the first day of November of any year and the fifteenth 
day of September of the following year hunt, pursue, take, 
injure or kill any male of the moose, elk, caribou, ante- 
lope, mountain sheep or mountain goat species shall be 
guilty of a misdemeanor, and upon conviction thereof 
shall be punished as hereinafter provided. Every person 
who shall within the State of Washington during the sea- 
son when it is lawful to kill the same, kill more than one 
male of the elk, moose, antelope, or caribou species, or 
more than two males of the mountain sheep or mountain 
goat species shall be guilty of a misdemeanor and upon 
conviction thereof shall be punished as hereinafter pro- 
vided. (Laws 1903, p. 95, §2). (See following section). 



80 State of Washington 

174. Elk. 

That after the passage of this act and until October 1, 
1915, it shall be unlawful to hunt, pursue, capture or kill 
any of the elk (cervus alces or cervus conadensis) within 
the State of Washington. After 1915 it shall be unlawful 
to hunt, pursue, capture or kill any of the elk (cervus alces 
or cervus conadensis) within the State of Washington be- 
tween the first day of November of any year and the fif- 
teenth day of September of the following year. No person 
shall within the State of Washington during the season 
when it is lawful to kill the same, kill more than one of 
the male elk (cervus alces or cervus conadensis). Any 
person violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than one hundred dollars 
($100) nor more than five hundred dollars ($500), or be 
Imprisoned in the county jail not less than thirty days nor 
more than ninety days, or by both such fine and imprison- 
ment in the discretion of the court. (Laws 1905). (See 
preceding section). 

175. Deer on Islands. 

It shall be lawful during the month of October of each 
year to hunt, take and kill deer on any island of the State 
of Washington: Provided, It shall be unlawful to hunt for 
or kill any deer on said islands with dog or dogs, and any 
person knowingly permitting any dog or dogs owned by 
him to pursue deer on said islands shall be guilty of a mis- 
demeanor and punished by fine of not less than twenty-five 
dollars ($25) nor more than one hundred dollars ($100) : 
Provided further, That this section shall not apply to any 
islands where game preserves have been established. 
(Sec. 2, chap. 222, Laws 1907; emergency clause). 

176. Game Birds — Close Season. 

Every person who shall, within the State of Washing- 
ton, hunt, pursue, take, kill, injure, destroy or possess any 



Fish, Oyster and Game Laws 81 

grouse, partridge, prairie chicken, sage hen, native pheas- 
ant or ptarmigan between the first day of January any 
[and] the first day of September of any year shall be 
guilty of a misdemeanor and upon conviction thereof shall 
be punished as hereinafter provided: Provided, That in 
the county of Kittitas it shall be unlawful to hunt, pursue, 
take, kill, injure, destroy or possess any prairie chicken 
between the first day of October of any year and the tenth 
day of September of the following year: And also pro- 
vided. That in all the counties of the State of Washington 
lying east of the western boundary of the counties of 
Okanogan, Chelan, Kittitas, Yakima and Klickitat, it shall 
be unlawful to hunt, pursue, take, kill, injure, destroy or 
possess any of the game birds mentioned in this section 
between the fifteenth day of November and fifteenth day 
of August of the following year. (Laws 1903, p. 95, § 3). 

177. Limiting Number to Be Killed. 

Every person who shall, during the season when it 
is lawful to hunt the same, kill more than ten prairie 
chickens, or ten grouse, partridge, sage hen, native pheas- 
ant or ptarmigan, Chinese or Mongolian pheasant, or more 
than fifteen quail of any kind in one day, shall be guilty 
of a misdemeanor and upon conviction thereof shall be 
punished as hereinafter provided: Provided, That in the 
county of Kittitas, during the season when it is lawful to 
hunt the same, no person shall in one day kill more than 
five (5) prairie chickens. (Laws 1903, p. 96, §4). 

178. Certain Other Game Birds, Beaver — Close Season for. 

Every person who shall within the State of Washing- 
ton hunt for, pursue, take, kill or injure any partridge, 
or any variety of quail, Chinese, ring-neck, Hungarian, 
golden or English pheasant before the thirtieth day of 
September, 1912, shall be punished by a fine of not less 
than ten dollars, nor more than one hundred dollars, or 
—6 



82 State of Washington 

by imprisonment in the county jail not less than thirty 
days nor more than six months, or by both such fine and 
imprisonment; and each bird so killed, injured, or de- 
stroyed, shall be a separate offense under this act. 

Every person who shall in any manner hunt for, trap, 
catch, or kill any beaver in any of the counties of the 
State of Washington until September 30, 1914, or have the 
same in his possession, alive or dead, shall be fined not 
less than fifty dollars nor more than one hundred dollars 
for each beaver so trapped, taken, caught, or killed, and 
the possession by any person of any untanned beaver skin 
or hide, shall be prima facie evidence of a violation of 
this section. (Laws 1909, chap. 109). 

179. Ducks, Geese, Etc. — Close Season for. 

Every person who shall hunt, pursue, take, kill, injure, 
destroy or possess any swan, goose, brant, sandhill crane, 
snipe, mallard duck, canvasback [duck], widgeon, teel 
[teal], wood-duck, spoon-bill, gray or black duck, sprig-tail, 
or other game duck, whether named or mentioned herein 
or not, between the first day of March and the first day of 
September of any year shall be guilty of a misdemeanor 
and upon conviction thereof shall be punished as herein- 
after provided. (Laws 1903, p. 96, §5). (See §171). 

180. Geese and Brant — Close Season for. 

It shall be unlawful to hunt, take or kill in this state 
any wild goose or brant between the first day of May and 
the first day of September in any year. (Laws 1905). (See 
§170). 

181. Sneak Boats for Geese, Ducks or Brant. 

It shall be lawful within the time herein when any 
goose, duck or brant may be killed, to hunt or pursue them 
from any blind or obstruction: Provided, That this shall 
not be construed to include sneak boats. (Laws 1905, 
chap. 172, §12). (See §194). 



Fish, Oyster and Game Laws 83 

182. Unlawful to Hunt Geese, Brant or Other Water Fowl 

on Columbia or Snake Rivers. 

It shall be unlawful to hunt, pursue, catch or kill any 
of the geese, brant or other water fowl upon the Columbia 
or Snake rivers within this state, or within one-half mile 
of its shore throughout the following named counties: 
Klickitat, Walla Walla, Franklin, Yakima, Kittitas, Doug- 
las, Columbia, Garfield and Whitman counties. (Laws 
1905). 

183. Number to Be Killed Limited. 

Every person who shall, within the State of Washing- 
ton, during the season when it is lawful to hunt the same, 
kill more than twenty-five snipe, ducks, geese or brant in 
one day shall be guilty of a misdemeanor and upon con- 
viction thereof shall be punished as hereinafter provided: 
Provided, That the above mentioned birds shall not be 
fired at from any gasoline or naptha [naphtha] launch, 
steam launch, or other boat propelled otherwise than by 
hand. (Laws 1903, p. 96, §6). 

184. Quail — Close Season for. 

Every person who shall hunt, pursue, take, kill, injure, 
destroy or possess any California, valley, or mountain 
quail, bob-white quail or other kind of quail, between the 
first day of January and the first day of October of any 
year shall be guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished as hereinafter provided: 
Provided, That it shall be unlawful to hunt, pursue, take, 
kill, injure, destroy or possess any of the birds named in 
this section in any of the counties lying east of the west- 
ern boundary of the counties of Okanogan, Chelan, Kitti- 
tas, Yakima and Klickitat from and after the passage of 
this act and before the fifteenth day of September, 1908. 
(Laws 1903, p. 96. §7). 



84 State of Washington 

185. Imported Pheasants Protected Until 1906. 

Every person who shall hunt, pursue, take, kill, injure, 
destroy or possess any imported or Oriental pheasant, 
golden, silver, ring-necked, copper bronze, Chinese or Mon- 
golian pheasant, or Chinese or Mongolian quail, from and 
after the passage of this act and before the fifteenth day 
of October, 1906, shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished as hereinafter 
provided: Provided, That it shall [be] unlaw^ful to hunt, 
pursue, take, kill, injure, destroy or possess any of the 
birds named in this section in any of the counties lying 
east of the western boundary of the counties of Okanogan, 
Chelan, Kittitas, Yakima and Klickitat, from and after the 
passage of this act and before the fifteenth day of Sep- 
tember, 1908. (Laws 1903, chap. 71, §8). (See §177). 

186. Chinese, iVIongolian and Imported Pheasant. 
Every person who shall within the State of Washing- 
ton hunt for, pursue, take, kill, injure, or destroy, or pos- 
sess after the same has been killed, any Chinese or Mongo- 
lian pheasant, or other imported pheasant between the 31st 
day of December and the 30th day of September of the 
following year shall be guilty of a misdemeanor and upon 
conviction thereof shall be punished by a fine of not less 
than ten dollars ($10.00) nor more than five hundred dollars 
($500.00) or by imprisonment in the county jail for not 
less than thirty days nor more than six months or by both 
such fine and imprisonment and each bird so killed or pos- 
sessed shall count as a separate offense under this act. 
(Sec. 1, chap. 222, Laws 1907; emergency clause). 

187. Okanogan County — Pheasants, Quail, Etc. 

Every person who shall within the county of Okanogan, 
State of Washington, hunt for, pursue, take, kill, injure, 
destroy or possess any Chinese or Mongolian pheasant or 
bob-white quail before the 30th day of September, 1912, 
shall be guilty of a misdemeanor and upon conviction there- 



Fish, Oyster and Game Laws 85 

of shall be punished by a fine of not less than ten dollars 
($10.00) nor more than one hundred dollars ($100.00) or 
by imprisonment in the county jail for not less than 30 
days nor more than six months or by both such fine and 
imprisonment, and each bird so killed or possessed shall 
count as a separate offense under this act. 

An emergency exists and this act shall take effect im- 
mediately. (Chapter 222, Laws 1907). ' , 

188. When Lawful to Kill Oriental Pheasants. 

It shall be lawful to hunt and kill any of the male birds 
of the Oriental, golden, silver, ring-necked, copper, bronze, 
Chinese or Mongolian pheasants between the fifteenth day 
of October and the first day of January in any year: Pro- 
vided, That this section shall not apply to counties lying 
east of the summit of the Cascade range. (Laws 1905, 
chap. 172, §10). (See §176). 

189. Penalty for Sale of Game. 

Any person who shall within the State of Washington, 
at any time offer for sale or for market, or sell or barter 
for, or exchange, any deer, moose, elk, caribou, mountain 
sheep or mountain goat species, or any of the various 
kinds of quail, Chinese or Mongolian pheasants, grouse, 
native pheasant, ptarmigan, prairie chicken, partridge, sage 
hen, or any wild duck, goose, swan, brant, sand-hill crane, 
rail or plover, or any other game bird, shall be guilty of a 
misdemeanor and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, That during the 
month of November, in any year, wild ducks, geese and 
brant may be sold to the number permitted by law to be 
killed in any one day: Provided further. That nothing in 
this act or section shall be construed to prevent ine sale 
of the hides of deer, moose, elk, caribou, mountain sheep 
or mountain goat species killed at or within the times 
when it is lawful to kill the same, and which have been 
killed in a lawful manner. (Laws 1905). 



86 State of Washington 

190. Possession Prohibited. 

Every person, company, partnership, firm or corporation, 
boarding house keeper, hotel keeper, restaurant keeper, 
market keeper or cold storage plant, their owners, proprie- 
tors, officers, managers, agents or servants, who shall offer 
for sale or keep, or have in their possession at any time 
of the year any deer, moose, caribou, antelope, mountain 
sheep or mountain goat species, or any kind of the vai'ious 
kinds of quail, Chinese or Mongolian pheasant, grouse, na- 
tive pheasant, ptarmigan, partridge, prairie chicken, sage 
hen or any kind of wild duck, goose, swan, brant, sand-hill 
crane, snipe, rail or plover or any portion of the meat of 
said animals or birds except dncks, geese, brant or snipe 
during the month of November, of each year shall be guilty 
of a misdemeanor. Possession of any of the animals or 
game birds mentioned or named herein, or any of the meat 
of the same, except the number of ducks, geese, brant or 
snipe permitted to be taken during the month of November 
of any year, shall be presumptive evidence that said ani- 
mals, birds, or the meat of the same was unlawfully taken 
by the person having possession of the same, and up' n con- 
viction thereof shall be punished as hereinafter pr ;vided: 
Provided, however. That any person may have in his. posses- 
sion the number and kinds of animals and birds permitted 
to be taken by this act during the time the same may be 
taken provided the same were taken by the person so hav- 
ing them in his possession, or otherwise taken, as provided 
for in section nine of this act. (Laws 1903, p. 97, § 10). 

191. Penalty. 

Every person convicted of any of the misdemeanors de- 
fined in the foregoing sections of this act, except as other- 
wise provided for, shall be punished by a fine of not less 
than ten dollars ($10) nor more than five hundred dollars 
($500), together with the costs of the prosecution of such 
action, and in default of payment of such fine shall be 



Fish, Oyster and Game Laxcs 87 

imprisoned in the county jail one day for each two dollars 
($2) of such fine. (Laws 1903, p. 98, §11). 

192. Taking of Quail and Pheasant — Skagit and Sno- 

homisli Counties — When Prohibited. 

Every person who shall take, kill or have in his pos- 
session, for other than breeding purposes, any quail, Chi- 
nese, ring-neck, Hungarian, golden or English pheasant,^ 
of any kind, in the counties of Skagit and Snohomish, 
Washington, before the first day of October, 1911, shall be 
deemed guilty of a misdemeanor. 

Any person violating any provision of this act shall 
upon conviction be punished by a fine of not less than 
ten dollars nor more than one hundred dollars, or by im- 
prisonment in the county jail for not less than five nor 
more than thirty days, or by both such fine and imprison- 
ment at the discretion of the court. (Laws 1909, ch. 172). 

193. Game Protection Fund — How Derived. 

All moneys received and all fines collected under this 
act shall be paid to the treasurer of the county in which 
the suit, action or proceeding shall have been commenced 
and placed by him in the game protection fund to be used 
for the protection or propagation of game in said county, 
and the prosecuting attorney, justice of the peace or judge 
of any county, upon the payment of any fine or judgment, 
may satisfy the same of record for the state. (Laws 1903, 
p. 98, §12). 

194. Sliipment or Transportation of Game Birds from San 

Juan and Island Counties. 
Any person, persons or corporation who shall take away, 
ship or transport from the islands comprised within the 
limits of the boundaries of either San Juan or Island coun- 
ties in the State of Washington, any quail or bob white, or 
any Chinese, English, golden. Reeves, Mongolian, silver, 



88 State of Washington 

black neck, or Japanese pheasants shall be guilty of a mis- 
demeanor, and upon conviction of any violation of the pro- 
visions of this act, shall be punished by a fine of not less 
than ten dollars ($10.00) or more than one hundred dollars 
($100.00) for each offense, or imprisonment in the county 
jail for a period of not less than thirty days, nor more 
than six months, or by both fine and imprisonment in the 
discretion of the court. 

Each bird so shipped, taken away, or transported from 
said islands as aforesaid shall constitute a separate offense 
under this act. 

The provisions of this act shall not apply to any person, 
or persons or corporation who may be engaged, or shall 
hereafter be engaged in the business of propagation, rais- 
ing or breeding of any aforesaid described birds; or to any 
of said birds which may have been propagated, bred and 
raised in captivity for commercial or domestic purposes. 

This act only applies and is intended to apply to wild 
game birds, such as have been described herein. (Laws 
1909, ch. 182). 

195. Possession Unlawful. 

No person shall, within the State of Washington, kill 
or catch or have in his or her possession, living or dead, 
any wild bird other than a game bird, or purchase, offer 
or expose for sale, transport or ship within or without the 
state, any such wild bird after it has been killed or caught, 
except as permitted by this act. No part of the skin, plum- 
age or body of any wild bird protected by this section shall 
be sold or had in possession for sale. For the purposes 
of this act the following only shall be considered game 
birds: The anatridae, commonly known as swans, geese, 
brant, and river and sea ducks; the rallidae, commonly 
known as rails, coots, mud hens and gallinules; the limo- 
colae, commonly known as shore birds, plovers, surf birds, 
snipe, sand-pipers, tatlers and curlews; the gallinae, com- 



Fish, Oyster and Game Laws 89 

monly known as grouse, prairie chickens, pheasants, part- 
ridges and quail. (Laws 1903, p. 256, § 1). 

196. Destruction of Nests and Eggs. 

No person shall, within the Scate of Washington, take 
or needlessly destroy the nest or eggs of any wild bird 
other than a game bird, or have such nest or eggs in his 
or her possession, except as permitted by this act. (Laws 
1903, p. 257, §2). 

197. Violations — Penalties. 

Any person who violates any of the provisions of this 
act shall be guilty of a misdemeanor, and shall be liable 
to a fine of not less than ten or more than one hundred 
dollars for each offense and an additional fine of one 
dollar for each bird, living or dead, or part of bird or nest, 
or set of eggs, or part thereof, possessed in violation of this 
act, together with the costs of prosecution in such action, 
or to imprisonment for thirty days in the county jail, or 
both, at the discretion of the court. All fines collected 
under the provisions of this act shall be turned over to the 
treasurer of the county in which such action is brought, 
and by him placed in the game protection fund. (Laws 
1903, p. 257, §3). 

198. Exceptions as to Scientific Purposes. 

Sections 1, 2 and 3 of this act shall not apply to any 
person holding a certificate giving the right to take birds, 
their nests or eggs for scientific purposes, as provided for 
in section 5 of this act. (Laws 1903, p. 257, § 4). 

199. Certificate — For Scientific Purposes — How Obtained. 
Certificate shall be granted by the State Game Warden, 

or by any incorporated society of natural history in the 
state, through such persons or officers as said society may 
designate, to any properly accredited person of the age of 
fifteen years or upward, permitting the holders thereof to 
collect birds, their nests or eggs, for strictly scientific pur- 



90 State of Washington 

poses only. In order to obtain such certificate the appli- 
cant for the same must present to the person or persons 
having the power to grant said certificate, written testi- 
mony from two well known scientific men, certifying to 
the good character and fitness of said applicant to be en- 
trusted with such privilege, must pay to said persons or 
officers, one dollar, to defray the necessary expenses at- 
tending the granting of such certificates, and must file with 
said person or officers a properly executed bond, in the sum 
of two hundred dollars, signed by two responsible citizens 
of the state as sureties. On proof that the holder of such 
a certificate has killed any bird, or taken the next .or eggs 
of any bird, for other than scientific purposes, this bond 
shall be forfeited to the state, and the certificate becomes 
void, and he shall be further subject for each such offense 
to the penalties provided therefor in section three of this 
act. (Laws 1903, p. 257, §5). 

200. Terms of Certificates. 

The certificate authorized by this act shall be in force 
one year only from the date of issue, and sahll not be 
transferable. (Laws 1903, p. 258, §6). 

201. Exception as to Birds Destroying Fruit or Grain. 

The English or European house sparrow, jays, magpies 
and chicken hawks, are not included among the birds pro- 
tected by this act, and the provisions of this act shall not 
apply to any person who shall kill any birds on his own 
enclosed pi^emises while such bird is destroying fruit or 
grain. (Laws 1903, p. 258, §7). 

202. Sale of Game Fish or Game — Wiien Prohibited. 

It shall be lawful for the owner of any game bird, 
game fish or game animal who has propagated the same or 
purchased the same from persons who have propagated 
them to sell or dispose of by gift for propagation purposes 



Fish, Oyster and Game Laws 91 

only, and to ship the same at any season of the year. 
(Emergency clause, Laws 1909, ch. 197). 

203. Prohibiting the Use of Dogs — Certain Counties Ex- 

cepted. 
Every person who shall at any time pursue, take, injure, 
kill or destroy any moose, elk, caribou, antelope, mountain 
sheep or goat, or deer with dogs, or knowingly allow dogs 
to chase or destroy said animals, shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be punished 
as hereinafter provided: Provided, That the provisions of 
this section shall not apply in the counties of the state 
lying westward of the eastern boundary of the counties of 
Whatcom, Skagit, Snohomish, King, Pierce, Lewis and 
Skamania between the first day of October and the first 
day of November of each year. (Laws 1899, p. 278, § 5362). 

204. Shall Not Fire Hunt, Trap nor Ensnare. 

Every person who shall, within the State of Washing- 
ton, fire hunt for deer, moose, elk, antelope, caribou, moun- 
tain sheep or goat, or entrap, ensnare or set up any traps, 
swivel, pivot or spring guns, pitfalls or other device for the 
purpose of trapping, ensnaring or killing deer, elk, moose, 
caribou, antelope, mountain sheep or goat, shall be guilty 
of a misdemeanor and upon conviction thereof shall be 
punished as hereinafter provided. (Laws 1897, p. 83, §5; 
Bal. C, 8 7349; P. C, §5364). 

205. Killing for Hides Prohibited. 

Every person who shall, within the State of Washington, 
at any time, take, kill or destroy any deer, moose, elk, cari- 
bou, antelope, mountain sheep or goat for the skin, hide or 
horns of such animals unless the carcass thereof is used or 
preserved for food, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished as hereinafter 
provided. (Laws 1897, p. 83, §6; 2 Bal. C, §7350; P. C, 
§5365). 



92 State of Washington 

206. Shall Not Trap or Ensnare Any Protected Animal or 

Bird. 

Every person who shall, within the state, at any time, 
trap, net or ensnare, or attempt to trap, net or ensnare any 
quail or bob white, prairie chicken, grouse, pheasant, part- 
ridge, sage hen, ptarmigan or wild pigeon, geese, duck, 
brant or other water fowl, or any of the song birds, or any 
deer, moose, elk, caribou, antelope, mountain sheep or any 
other game bird or game animal, or any protected game 
bird or song bird or game animal under the laws of the 
State of Washington or have in his possession any live 
quail, or bob-white, prairie chicken, grouse, pheasant, wild 
pigeon, partridge, sage hen or ptarmigan, geese, duck, brant 
or other water fowl, or any deer, moose, elk, caribou, ante- 
lope, mountain sheep or any other game bird or game ani- 
mal or any protected game bird or game animal under the 
laws of the State of Washington except for the purpose of 
propagation, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished as provided by law. 
(Laws 1905). 

207. Penalty. 

That any one violating any of the provisions of this act 
for which a penalty is not hereinbefore provided, shall be 
deemed guilty of a misdemeanor and on conviction thereof 
shall be punished by a fine of not less than ten dollars 
($10) nor more than fifty dollars ($.50), or imprisonment in 
the county jail not less than ten days nor more than thirty 
days, or by both such fine and imprisonment. (Laws 1905). 

208. Appropriations. 

For the purpose of carrying out the provisions of this 
act the sum of five thousand dollars ($5000) or so much 
thereof as may be necessary, is hereby appropriated out of 
the "game protection and propagation fund" of the state. 
(Laws 1905). 



Fish, Oyster and Game Laws 93 

209. Use of Sink Boxes, Sneak Boats, Etc., Prohibited. 
Every person who shall use any sink box or sink boat 

or sneak boat for the purpose of shooting wild ducks, geese, 
or other water fowl, or who shall use any battery, swivel 
or pivot gun, or any gun other than one to be held in the 
hands and fired from the shoulder, at any time, for the 
purpose of shooting wild ducks, geese, swan, brant, or other 
water fowl; or who shall build any structure in any of the 
waters of this state for the purpose of shooting therefrom 
wild ducks, geese, swan or other water fowl; or who shall 
at any time between one hour after sunset and one-half 
hour before sunrise fire off any gun or build any fire or 
flash any light, or burn any powder or other inflammable 
substance upon the shores of any feeding grounds fre- 
quented by wild ducks, geese, swan, or other water fowl, 
with intent thereby to shoot, kill, injure, destroy or disturb 
any such water fowl, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished as hereinafter 
provided. (Laws 1897, p. 84, §10; 2 Bal. C, §7354; P. C, 
§5370). (See section 172). 

210. Nest Robbing Prohibited. 

Every person who shall, within the State of Washington, 
at any time, destroy or remove from the nest the eggs of 
any wild duck, geese, or other water fowl, or the egg or 
eggs of any Mongolian or native pheasant, grouse, ptarmi- 
gan, prairie chicken, sage hen, partridge, quail or bob-white, 
or of any other wild fowl, or have in his possession, sell or 
offer for sale, any such egg or eggs, or wilfully destroy the 
nest of any such wild fowl, shall be guilty of a misdemean- 
or, and upon conviction thereof shall be punished as here- 
inafter provided. (Laws 1897, p. 84, § 11; 2 Bal. C, § 7355; 
v. C, §5371). 

211. Export Prohibited. 

Every steamboat company, railroad company, express 
company, or other common carrier, their officers, agents 



94 State of Washington 

and servants and every other person who shall transfer, 
carry or take out of this state, or who shall receive for the 
purpose of transferring from this state any of the wild game 
birds or animals enumerated in this act, shall be guilty of 
a misdemeanor and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, however, That 
upon the granting of a similar privilege by the Legislature 
of the State of Oregon or Idaho to the citizens or residents 
of the State of Washington, nothing in this section shall 
be construed to prevent any citizen or resident of the State 
of Oregon cr Idaho from personally taking with him any 
game to the limit of one day's hunt, killed by himself, in • 
the State of Washington, when it is lawful to take and kill 
the same; but this provision shall be strictly construed, and 
the burden of the proof shall be upon the person taking 
with him such game to establish the fact that the same 
was personally killed by himself: Provided, That nothing 
In this section shall be construed to prevent any steamboat 
company, express company, railroad company, or other 
common carrier, their officers, agents or servants, from 
receiving any of the game birds or animals enumerated in 
this act from transferring them from one point to another 
point within this state when said game birds or animals 
are accompanied by the affidavit of the shipper that the 
same is not shipped for sale or profit. (Laws 1901, p. 280, 
§5; P. C, §5374). 

212. Song Birds Protected. 

Every person who shall, at any time, take, kill, injure 
or destroy, trap, ensnare, molest or disturb, or have in his 
possession, sell, or offer for sale, any nightingale, skylark, 
black thrush, gray singing thrush, goldfinch, greenfinch, 
bullfinch, red-breasted robin, English robin, black starling, 
grosbeak, meadow lark, mocking bird, wild canary bird, or 
other song bird, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished as hereinafter provided. 
(Laws 1897, p. 86, § 16; 2 Bal. C, § 7360; P. C, Sec. 5376). 



Fish, Oyster and Game Laws 95 

213. Nests of Song Birds' Protected, 

Every person who shall at any time take from the nest 
of any song bird the egg or eggs of such birds, or disturb, 
molest or destroy the nest of the song birds of this state 
shall be guilty of a misdemeanor, and upon conviction there- 
of shall be punished as hereinafter provided. (Laws 1897, 
p. 86, Sec. 17; 2 Bal. C, Sec. 7361; P. C, Sec. 5377). 

214. Penalty Defined — Possession Shall Be Prima Facie 

Evidence. 

Every person convicted of any of the misdemeanors de- 
fined in the foregoing section shall be punished by a fine 
of not less than ten dollars nor more than one hundred 
dollars, together with the costs of prosecution in such ac- 
tion, and, in default of the payment of said fine, shall be 
imprisoned in the county jail one day for each two dollars 
of such fine; and upon the trial of any person, agent or 
employe of a company or corporation, proof of the posses- 
sion of the wild animals, birds or song birds, when it Is 
unlawful to take, kill or have same, shall be prima facie 
evidence that the said wild game animal, game bird or song 
bird was unlawfully taken or killed by the person having 
possession of same. (Laws 1897, p. 86, §18; 2 Bal. C, 
§7362; P. C, §5378). 

215. Exceptions. 

The provisions of sections 189, 190, 191, 194, 195, 196. 
197 and 198 of this code shall not apply to persons engaged 
in prospecting for mines of precious minerals upon the 
public domain to the extent of the personal need only of 
such prospector. (Laws 1897, p. 88, § 23; 2 Bal. C, § 7367; 
P. C, §5383). 

216. Duty of Warden Defined. 

It is hereby made the duty of every game warden so 
appointed, and every sheriff, deputy sheriff, constable, city 



96 State of Washington 

marshal and police officer, within their respective jurisdic- 
tions in the State of Washington, to enforce all the pro- 
visions of this act, and all laws for the protection of game 
birds and animals, fish and song birds, and such sheriffs, 
deputy sheriffs, constables, city marshals, police officers, or 
any forest rangers appointed by the United States govern- 
ment, and each of them, by vii-tue of their election and ap- 
pointment, are hereby created and constituted ex-offlcio 
game wardens for their respective jurisdictions, and they 
and each of them, and each and every game warden so ap- 
pointed, under the provisions of the preceding section, shall 
have authority, and it shall be their duty to inspect all 
depots, warehouses, cold storage rooms, storerooms, hotels, 
restaurants, markets, and all packages or boxes, held either 
for storage or shipment, which they shall have reason to 
believe contain evidence of the infraction of any of the pro- 
visions of this act. And if, upon inquiry said officer dis- 
covers evidence sufficient in his judgment to secure a con- 
viction of the offender, or shall have good cause to believe 
that sufficient evidence exists to justify the same, he shall 
at once institute proceedings to punish the alleged offenders. 
(Laws 1901, p. 281, §7; P. C, §5380). (See sections 19, 
20, 21). 

217. Authority of Warden and Other Officers to Make 
Arrests. 

Any game warden appointed under the provisions of this 
act, any sheriff, deputy sheriff, city marshal, constable or 
police officer, forest ranger, may without warrant, arrest 
any person by him found violating any of the provisions 
of this act, or any other act or acts hereafter enacted and 
enforced, at any time for the protection of game, fish and 
song birds, and take such person or persons before a justice 
of the peace or municipal judge having jurisdiction, who 
shall proceed without delay to hear, try and determine the 
matter, and give and enter judgment according to the alle- 
gations and proof. All such actions shall be brought in 
the name of the State of Washington and shall be prose- 



Fish, Oyster and Game Laws 97 

cuted by the prosecuting attorney of the respective coun- 
ties. (Laws 1901, p. 282, § 8; P. C, § 5382). 

218. Hunting on Certain Islands Prohibited. 

Every person who shall, on any island in the State of 
Washington located in any fresh water lake, surrounded by 
navigable fresh water, and having an area exceeding five 
hundred acres, injure, take, kill or destroy, or have in their 
possession except for breeding purposes, sell or offer for 
sale, any elk, deer, black, gray or fox squirrels, blue grouse, 
ruffled grouse, sharp tailed grouse, wild pigeons, prairie 
chickens, American pheasants, Mongolian pheasants, bob- 
white quail, California quail, or woodcock, shall be guilty 
of a misdemeanor. (Laws 1895, p. 332, § 1; 2 Bal. C, § 7368; 
P. C, §5385). 

219. Lake Washington — Molesting Any Wild Birds Upon, 

Prohibited. 

That it shall be unlawful to fire any gun or to kill, shoot, 
entrap, ensnare, maim, or destroy any wild birds at any sea- 
son of the year upon the waters of Lake Washington or 
within one mile of its shores, and any person who shall kill, 
shoot, entrap, ensnare, destroy, or maim any wild birds at 
any season of the year upon the waters of Lake Washington, 
or within one mile of the shores of said lake, shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be 
punished as hereinafter provided. 

Any person violating any of the provisions of this act 
shall, upon conviction thereof, be subject to a fine of not 
less than ten dollars nor more than one hundred dollars, 
together with the costs of prosecution, or imprisonment in 
the county jail where the offense is committed for not less 
than five days nor more than thirty days, or by such fine 
and imprisonment in the discretion of the court. 

Sections one and two of this act shall not apply to any 
—7 



98 State of Washington 

person holding a certificate giving the right to take birds, 
their nests, or eggs, for scientific purposes, as now provided 
by law. (Laws 1909, chap. 54). 

220. Hunting on Certain Islands Prohibited. 

Everj' person who shall at any time destroy or remove 
from the nest of any of the feathered game included in the 
last section any egg or eggs, or wilfully destroy the nest of 
any such birds, shall be guilty of a misdemeanor. (Laws 
1895, p. 333, §2; 2 Bal. C. §7369; P. C, §5386). 

221. Destruction of Nests, Etc., of Feathered Game Pro- 

hibited. 
Every person convicted of a violation of any of the pro- 
visions of the last two preceding sectiou:? shall be punished 
by a fine of not less than fifty dollars nor more than one 
hundred dollars, and in default of payment of fine imposed 
shall be imprisoned in the county jail of the county wherein 
the offense was committed until such fine shall have been 
paid at the rate of one day for each two dollars of fine im- 
posed. All moneys collected from fines for the violation of 
the provisions of the last two preceding sections shall be 
paid into the general fund of the county for the benefit of 
the public schools in said county. (Laws 1895, p. 333, §3; 
2 Bal. C, § 7370; P. C, §5387). 

222. Penalty for Violating Last Two Sections. 

That the State Fish Commissioner is hereby authorized 
and directed to prospect the Lewis river and its tributaries, 
in Cowlitz county with a view of establishing and maintain- 
ing a state salmon hatchery thereon. 

That if after investigating the State Fish Commissioner 
finds the Lewis river, in Cowlitz county, or any of its tribu- 
taries, a suitable stream for the location of a salmon hatch- 
ery he is hereby authorized and directed to establish and 
maintain a state salmon hatchery on said Lewis river, or 
its tributaries, in Cowlitz county. (Chapter 42, Laws 1907). 



Fish, Oyster and Game Laws 99 

HATCHERIES. 



223. Lewis River — Cowlitz County. 

That the State Fish Commissioner is hereby authorized 
and directed to prospect the Lyle river in Clallam county 
with a view of establishing and maintaining a state salmon 
hatchery thereon. 

That if after investigation, the State Fish Commissioner 
finds the Lyle river in Clallam county a suitable stream for 
the location of a hatchery, he is hereby authorized and di- 
rected to establish and maintain a state salmon hatchery 
on said Lyle river in Clallam county. (Chapter 43, Laws 
1907). 

224. Lyle River — Clallam County. 

That the State Fish Commissioner is hereby authorized 
and empowered and it is hereby made his duty, to establish 
and maintain a state fish hatchery on the outlet of Trout 
lake in section 21, in township 29, north of range 3 east, 
Willamette Meridian, in Island county, Washington: Pro- 
vided, That said outlet is suitable for the hatching of sal- 
mon. (Chapter 113, Laws 1907). 

225. Trout Lake — Island County. 

That the Fish Commissioner is hereby authorized and 
empowered to establish and maintain a fish hatchery on the 
Big Quilcene river in Jefferson county: Provided, That 
said stream is suitable for the hatching of salmon. (Chap- 
ter 188, Laws 1907). 

226. Big Quilcene River — Jefferson County. 

The State Board of Fish Commissioners are hereby au- 
thorized to sell and convey all the lands embraced in the 
old Stillaguamish salmon hatchery site in the county of 
Snohomish, for the best price obtainable. 

That the money derived from said sale be paid into the 
State Fish Hatchery fund. (Chapter 111, Laws 1907). 



100 State of Washington 

227. Stillaguamish Hatchery — Sale of. 

Any person, persons or corporation who shall take away, 
ship or transport from the islands comprised within the 
limits of the boundaries of either San Juan or Island coun- 
ties in the State of Washington, any quail or bob white, 
or any Chinese, English, golden. Reeves, Mongolian, silver, 
black neck, or Japanese pheasants shall be guilty of a mis- 
demeanor, and upon conviction of any violation of the pro- 
visions of this act, shall be punished by a fine of not less 
than ten dollars ($10.00) or more than one hundred dollars 
($100.00) for each offense, or imprisonment in the county 
jail for a period of not less than thirty days, nor more than 
six months, or by both fine and imprisonment in the discre- 
tion of the court. 

Each bird so shipped, taken away, or transported from 
said islands as aforesaid shall constitute a separate offense 
under this act. 

The provisions of this act shall not apply to any person, 
or persons or corporation who may be engaged, or shall 
hereafter be engaged in the business of propagation, raising 
or breeding of any aforesaid described birds; or to any of 
said birds which may have been propagated, bred and raised 
in captivity for commercial or domestic purposes. 

This act only applies and is intended to apply to wild 
game birds, such as have been described herein. (Laws 
1909, Chap. 182). 



Fish, Oyster and Game Laws 101 

ERRATA. 



222. Where Pound Nets, Traps, Etc., May Be Used — 
License — When and Where Unlawful to Fish for 
Salmon. 

The use of pound nets, traps, weirs, fish wheels and 
other fixed appliances, and purse nets, drag nets, drag 
seines and other seines for catching salmon is hereby 
authorized in all the waters of this state wherein the 
same is not prohibited by section one, subject to the regu- 
lation and license hereinafter provided for or otherwise 
required by law, and the use of set nets, and gill or drift 
nets, subject to said license and regulation for said pur- 
pose is authorized in all the waters of this state, except as 
otherwise provided by law: Provided, however. That no 
fishing appliances shall be constructed, operated or main- 
tained upon any of the waters of this state or the Columbia 
river or its tributaries by any person whomsoever, unless 
such person shall have first obtained a license so to do 
from the Fish Commissioner of this state, who is hereby 
authorized to issue said licenses: Provided further, That 
the Fish Commissioner shall obtain from the State Auditor 
all licenses in blank, and that when he reports to the State 
Treasurer, the number of licenses so received shall be ac- 
counted for. The State Auditor is hereby authorized and 
directed to prepare in (b^ank) consecutively numbered, all 
licenses to be turned over as herein provided to the Fish 
Commissioner, keeping a receipt for the licenses so de- 
livered. A separate license shall be required for each trap, 
pound net, weir, fish wheel or any other fixed appliance, 
and for every purse net, purse seine, drag seine, or other 
seine, gill net, drift net or set net, which license shall be 
numbered and dated, and shall specify the number of the 
pound net, trap, weir, fish ^vheel or other fixed appliance, 
seine, gill net. drift net or set net. which number shall be 



102 State of Washington 

designated by the said commissioner, and said license shall 
also contain the name of the person to whom such license 
shall be granted. No license shall be issued to any person 
who is not a citizen of the United States, unless such per- 
son has declared his intention to become such one year 
prior thereto, and is and has been for one year immediately 
prior to the time of the application, nor shall any license 
be issued to any corporation unless such corporation shall 
be authorized to do business in this state: Provided, That 
nothing in this act shall be construed to prevent the issu- 
ance of licenses to women, minors of the age of eighteen 
years or more, or Indians, who possess the qualifications of 
citizenship and residence herein before required; nor to 
prevent the renewal of any licenses by persons now holding 
the same: Provided, Licenses issued by the State of 
Oregon shall be deemed valid as to gill nets for use on 
the Columbia river as though issued by the Fish Commis- 
sioner of this state. No more than three licenses shall be 
issued to any one person, firm or corporation. Licenses 
may be assigned or transferred to any person, firm or 
corporation entitled to hold licenses under the provisions 
of this act: Provided, That notice is given to the Fish 
Commissioner of said transfer or assignment by the trans- 
feree within twenty days from the date of said transfer 
or assignment: And provided further. If such notice of 
transfer is not given such license shall be void. No person 
or corporation shall own, operate or construct, or cause to 
be constructed or operated any pound net, trap, weir, fish 
wheel or fixed appliance for the catching of salmon, on the 
waters of the Columbia river, or its tributaries, or in any 
of the waters of the State of Washington, the meshes of 
which are less than three inches stretched measure. 



INDEX TO SUBJECTS. 



CLAMS. Page. Par. 

Digging for sale 74 161 

Penalty 74 162 

Sale of prohibited, when 74 163 

CRABS. 

Taking for sale or canning unlawful, when 75 164 

Size, unlawful to take for sale or canning 76 165 

Penalty 76 166 

Sale of prohibited, when 75 164 

Spearing of crabs unlawful, penalty 76 167 

COYOTE. WOLF, LYNX, WILD-CAT and COUGAR. 

Extermination of, payment of bounty 4o 00 

FISH COMMISSIONER. 

Arrest 6 11 

Boats, seines, etc., may be confiscated 33 52 

Deputy Fish Commissioner, appointment 3 3 

bond of 4 5 

compensation of 3 4 

instructions to 4 5 

term of office 3 3 

Expenses shall be audited 5 7 

Fines 12 29 

Fish Commissioner, appointment 3 1 

term of 3 1 

Attorney General may assist 4 6 

bond of 3 2 

compensation of 3 4 

duty of 5 8 

may employ help 72 156 

member of oyster commission 50 104 

oath, may administer 32 49 

report of 6 9 

reports to 31 48 

report to 48 97 

reports to, confidential 32 51 

streams may be closed by 30 43 



104 Index to Subjects 

Page. Par. 

Fish Commissionor. as 8tatp Ganip Wardon 8 18 

" " as State Game Warden, powers of. 8 19 

" " as State Game Warden, reports of. 10 23 

Inspection of canneries 6 10 

Resisting an officer, punishment for 6 12 

Special deputy may be appointed 7 13 

" " compensation of 7 14 

FISH HATCHERIES, STATE. 

Board of Fish Commissioners, members of 7 15 

" " " " compensation of 7 17 

" " " " hatcheries under con- 
trol of 7 16 

Hatchery fund 31 45 

FISH HATCHERIES. PRIVATE. 

Defined 4T 93 

Fund into which license fee paid 49 100 

License fee 48 96 

" fee for buying, packing etc 49 98 

Passageway for migratory fish 47 92 

" for boats, logs, etc 47 92 

Penalty 49 101 

Repealing clause 50 103 

Reports to fish commissioner 48 97 

Riparian proprietor may establish 46 91 

Sale of fish from — conditions 48 94 

Tags or brands on fish sold from 49 102 

Unlawful to take fish from, without consent of proprietor 49 99 

When fish from may be sold 48 95 

GAME LAWS OTHER THAN RELATING TO FISH. 

Appropriation 92 208 

Bea\er. killing prohibited, when 81 178 

Dogs, use of prohibited in certain counties 91 203 

Deer or cariliou, killing of prohibited, when 79 172 

" on islands, killing of prohibited, when 80 175 

Ducks, crane, snipe and swan, killing prohibited, when. 82 179 

Elk, killing prohibited, when 80 174 

" moose, antelope, etc., killing prohibited, when 79 173 

Fire hunting, trapping and ensnaring prohibited 91 204 

Fund, state 78 169 

Game birds, number that may lie killed 81 177 

Game, taking from state 78 171 



Index to Subjects 105 

Page. Par. 

Game, sale of. penalty 85 189 

" possession of — presumptive evidence of guilt. ... 86 190 

" protection fund 87 193 

Gasoline and other launches, firing from prohibited. ... 83 183 

Geese and brant, killing of prohibited, when 82 180 

" brant and other water fowl, hunting prohibited on 

Columbia and Snake rivers 83 182 

Grouse, partridge, prairie chicken, etc., killing pro- 
hibited, when 80 176 

Pheasants, quail and other birds, killing prohibited, 

when 81 178 

Hides, killing for prohibited 91 205 

Hunting on certain islands prohibited 97 218 

Hunting on Lake Washington prohibited 97 219 

License fee for hunting 77 168 

" unlawful to hunt without 77 168 

" penalty for hunting without 78 170 

Nests, destroying or removing eggs from, prohibited .... 89 196 

Nest robbery prohibited 93 210 

Okanogan county pheasant, quail, etc 84 187 

Penalties 84 187 

Penalties, when do not apply to prospectors 95 215 

Pheasants, imported, killing prohibited, when 84 185 

" Oriental, when lawful to kill males 85 188 

" in Okanogan and Snohomish, when unlawful 

to take or kill 87 192 

" and quail may not be shipped or transported 

from San Juan and Island counties 87 194 

Quail killing prohibited, when 83 184 

Sneak boats 82 181 

" " sink boxes, etc., use of prohibited 93 209 

Song birds, taking or possession of prohibited 94 212 

" " nests and eggs of protected 95 213 



WILD BIRDS, OTHER THAN GAME BIRDS. 

Killing or possession of prohibited 88 195 

Destruction of nests and eggs prohibited 89 196 

Penalty for violating provisions relating to 89 197 

■ " scientific purposes — exemption 89 198 

Scientific purposes, certificate for 89 199 

" " certificate, terms of 90 200 

Penalty, exception as to certain birds 90 201 

Sale of game fish or game, when prohibited 90 202 



106 Index to Subjects 

GAME LAWS RELATING TO THE TAKING OP FISH. 

Page. Par. 

Bass, perch, pickerel and pike, when unlawful to take. . 42 83 
Bass, perch, pickerel and pike, to be taken only with 

hook and line 43 84 

Bass, perch, pickerel and pike, penalty for violating pro- 
visions relating to 4.3 85 

Citizenship, certificate of 37 65 

" certificate of, fee for 37 67 

" evidence of 37 65 

Citizens only may take fish for sale 36 64 

" only may take for sale, exceptions 38 68 

Corrupting waters containing fish 35 58 

Explosives, use of prohibited 35 58 

Fishways to be provided 35 59 

" " taking fish near, unlawful 85 59 

Justices of the peace, jurisdiction of 36 62 

Propagation, taking for, lawful 36 63 

Sawdust, etc.. casting into stream unlawful 36 60 

Screens at head of canals, ditches and flumes 44 87 

" penalty for failure to erect 45 88 

Sturgeon, protection of 38 69 

" Chinese lines, use of prohibited 39 71 

" young, protection of 38 70 

Trout, when may be taken in Chelan county 40 76 

" penalty for unlawfully taking in Chelan county. 40 77 

" when unlawful to take 41 79 

" when unlawful to take in Olympia harbor 30 44 

" in what territory prohibited 43 86 

" to be taken with hook and line only 41 80 

" possession of out of season, effect of 42 81 

" penalty 42 82 

" unlawful to take for sale, salting, etc 40 76 

" penalty for taking for sale, salting, etc 41 77 

" unlawful to transport 40 74 

" unlawful to have in possession for transportation 

or market 40 74 

•' penalty for unlawful possession, etc 40 75 

GAME WARDEN.S. 

Authority of 96 217 

Duty of 96 216 

Chief deputj' state game warden, appointment of 8 20 

duty of 8 20 

salary of 8 20 



Index to Subjects 107 

Page. Par. 

County game wardens, appointment of 9 21 

" " " salary of 9 21 

" " powers of 9 . 22 

" " expenses of 10 24 

State game warden, office created 8 18 

duties and powers of 8 19 

" " " reports of 10 23 

OYSTERS. 

Dredging for, when unlawful 67 143 

" penalty 66 140 

" " rules prescribed by Fish Commissioner. . . 73 ... 

" " eastern, unlawful, penalty 67 143 

Eastern, propagation of, experimental stations 71 155 

Fish Commissioner may dredge for discovery of 71 154 

Fish Commissioner may permit others to dredge under 

rules prescribed by him 71 154 

How gathered, penalty 72 159 

Penalty 72 160 

Open season for gathering 67 141 

Personal property, when, penalty for unauthorized 

taking 64 133 

Penalty for removal without authority 65 136 

Penalty for unlawful gathering 66 140 

Planter's right to 64 133 

Planting does not give prior or exclusive right to pur- 
chase or lease 65 135 

Small, to be returned to bed, penalty. . 66 138 

Unexplained possession, effect of 66 137 

Sale of prohibited, when 74 163 

OYSTER BEDS. 

Right of discoverer to 62 129 

Time allowed in which to remove from 63 131 

Penalty for gathering from beds discovered by others. . 63 130 

Word "persons" in act relating to, construed 64 132 

OYSTER LANDS, ACQUISITION OF. 

Acqusition of for planting 55 119 

Construction of law relating to 57 122 

Citizens only may purchase 58 124 

Price per acre 56 120 

Prior right of purchase to actual occupant 56 121 

Right of purchase, upland owners 58 123 

Survey of 55 119 



108 Index to Subjects 

OYSTER LANDS, LEASE. Page. Par. 

Abandonment of, entitled to lease other lands, when.. 71 153 

Application for, how made 68 146 

" must describe location 70 148 

" must not exceed 40 acres 70 149 

Conditions of, forfeiture 70 150 

Construction of act relating to 70 151 

Prior right to 68 145 

Term of, rental, new application 69 147 

Survey and description of lands covered by, to be re- 
corded 71 152 

What lands subject to 68 144 

OYSTER LANDS, SALE OF. 

Artificial cultivation, right to purchase 59 126 

Revert to state, when 60 127 

State reserves right to take from purchaser 60 127 

STATE OYSTER COMMISSION, OYSTER FUND AND 

APPROPRIATION. 

Appropriation 55 117 

License fee 54 114 

" application for 52 111 

granting of 53 112 

" number of sacks to be taken under 52 111 

Sack, definition of 54 113 

Sacks, price for 52 111 

License, time seed may be taken under 52 111 

to take seed 52 111 

Oyster fund 54 115 

Penalty 54 116 

State Oyster Commission, creation of 50 104 

" " " duties and powers of 51 108 

" " " granting of licenses by 53 112 

meetings of 50 106 

■ " " " quorum 50 107 

" " " reserves established by, re- 
served from sale or lease. 51 108 
" " " secretary and records of 50 103 

SALMON, REGULATIONS FOR CATCHING. 

Drag seine locations, how made 25 40 

Fish trap or pound net locations need not be marked 

by piles on Puget Sound 25 40 



Index to Subjects 109 

Page. Par. 
Fish trap or pound net locations in Columbia river, Wil- 

lapa and Grays harbors to be indicated by piles. ... 25 40 

License 20 34 

assignment of (Laws 1907, Chap. 247) ... 

" citizens only may procure 36 64 

" fees for buying, packing, etc 18 33 

" " for canneries 24 38 

•' " for fishing appliances 20 34 

" failure to obtain, misdemeanor 29 41 

" number to be placed on boats 22 36 

" " " " " " traps 22 36 

" separate for each trap, etc 22 36 

Penalty 25 39 

Pound nets, traps, seines, etc., where may be used 25 40 

" " " etc., how constructed 25 40 

" " " " lights displayed on 22 36 

Puget Sound defined 34 55 

Rivers and Deception Pass- — certain apparatus pro- 
hibited 13 30 

Repeal 33 54 

Salmon, definition of 30 46 

" Fish Commissioner or U. S. Officer may take 

for propagation 31 47 

" taking near fish rack prohibited 34 56 

" taking, when unlawful 13 30 

young must be returned to water 34 57 

When it shall be unlawful to fish for salmon in Grays 

Harbor and tributary waters 16 31 

Set net locations, how made 25 40 

Set net, pound net and trap locations, survey and map 

of 25 40 

Set net. pound net and trap locations, mortgage, sale 

and transfer of 25 40 

Set net, pound net and trap locations, piles and struc- 
tures to be removed from 29 42 

Set nets, when not unlawful 29 42 

Terms defined 32 50 

SEALS AND SEA LIONS. 
Providing for destruction of seals and sea lions on Co- 
lumbia river 45 89 



